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STATE  OF  NEW  HAMPSHIRE 


CONVENTION 


TO 


REVISE  THE  CONSTITUTION 


JUNE,  1918 


MANCHESTEE,  N.  H. 

PRINTED  BY  JOHN  B.   CLAEKE  COMPANY 
1918 


JOURNAL 


OF  THE 


CONVENTION  TO  REVISE  THE 
CONSTITUTION 

JUNE,  1918 


Concord,  N.  H.,  June  5,  1918. 
The  delegates  of  the  Convention  to  Kevise  the  Constitution 
assembled  in  the  hall  of  the  House  of  Representatives  on 
Wednesday,  June  5,  1918,  and  were  called  to  order  by  Major 
William  H.  Trickey  of  Tilton. 

Prayer  was  offered  by  Reverend  William  Hathaway  Pound, 
delegate  in  the  Convention  from  Wolfeboro. 

Mr.  Rosecrans  W.  Pillsdury  of  Londonderry. — In  this  day  when 
patriotism  stands  above  partisanship,  when  we  are  all  devoted 
to  the  common  weal,  we  desire  to  honor  men  for  their  worth.  I 
feel  honored  to  present  to  this  Convention  as  temporary  chair- 
man a  man  who  fifty-nine  years  ago  served  in  this  hall  as  a 
member  of  the  Legislature,  a  man  who  has  served  his  State  in 
the  Halls  of  Congress,  a  man  who  has  been  a  citizen  we  have  all 
delighted  to  honor.  It  gives  me  great  pleasure  to  present  to  you 
the  name  of  Hon.  Hosea  W.  Parker  of  Claremont  as  temporary 
presiding  officer  of  this  Convention, 

On  motion  of  Mr.  Rosecrans  W.  Pillsbury  of  Londonderry, 
Hon.  Hosea  W.  Parker  of  Claremont  was  chosen  temporary 
chairman  of  the  Convention  by  acclamation. 


424981 


4  Journal  of  Constitutional  Convention. 

Messrs.  Kosecrans  W.  Pillsbm-y  of  Londonderry  and  James 
F.  Brennan  of  Peterborough  were  chosen  a  committee  to  escort 
the  temporary  chairman  to  the  chair. 

On  assuming  the  chair,  Mr.  Parker  addressed  the  Conven- 
tion as  follows : 

Gentlemen  of  the  Convention  : 

Be  assured  that  I  duly  appreciate  the  distinguished  honor 
which  you  have  conferred  upon  me.  I  thank  you  sincerely  from 
the  bottom  of  my  heart  for  this  great  honor.  We  have  gathered 
here  today,  gentlemen,  to  discharge  an  important  duty  to  our 
State.  Let  us  all  act  together,  having  in  mind  the  best  interests 
of  the  State  we  love  so  well.  It  is  not  for  me,  gentlemen,  to 
take  up  your  time  or  attention  with  any  extended  remarks.  I 
therefore  await  your  pleasure. 

On  motion  of  Mr.  James  0.  Lyford  of  Concord,  Mr.  A. 
Chester  Clark  of  Concord  was  chosen  temporary  secretary. 

Mr.  Clark  appeared  and  qualified  as  temporary  secretary. 

On  motion  of  Mr.  William  T.  Kinney  of  Claremont: 

Resolved,  That  a  committee,  consisting  of  twenty  delegates, 
be  appointed  by  the  chair  to  inquire  who  are  elected  delegates 
to  this  Convention  and  that  each  county  shall  be  represented 
thereon. 

The  following  named  gentlemen  were  appointed  as  such 
committee : 

Committee  on  Credentials. 

sullivan  county. 

"William  E.  Kinney  of  Claremont. 
Murvin  A.  Bailey  of  Sunapee. 


Wednesday,  June  5,  1918. 
eockingham  county. 

Ernest  G.  Temple  ton  of  Exeter. 
Oliver  B.  Marvin  of  Newcastle. 

STRATFORD   COUNTY. 

Elisha  C.  Andrews  of  Somersworth. 
James  Marshal  of  Dover. 

CARROLL  COUNTY. 

Arthur  E.  Kenison  of  Ossipee. 
Charles  HI  Morey  of  Hart's  Location. 

BELKNAP  COUNTY. 

Edgar  W.  Smith  of  C-enter  Harbor. 
William  H.  Moses  of  Tilton. 

MERHIMACK    COUNTY. 

Henry  H.  Metcalf  of  Concord. 
Harry  G.  Dean  of  Danbiiry. 

HILLSBOROUGH  COUNTY. 

Orville  D.  Fessenden  of  Brookline. 
John  J.  McAllister,  Jr.,  of  Manchester. 

CHESHIRE  COUNTY. 

George  W.  Pierce  of  Winchester. 
Stephen  A.  Bullock  of  Richmond. 

GRAFTON  COUNTY. 

Edward  Woods  of  Bath. 

Elmer  E.  Woodbury  of  Woodstock. 


Journal  of  Constitutional  Convention. 


coos  COUNTY. 


Greorge  E.  Hutchins  of  Berlin. 
Charles  E.  Philbroak  of  Shelburne. 


Mr.  Kinney  of  Claremont,  for  the  Committee  on  Creden- 
tials, reports  that  prima  facie  evidence  has  heen  presented 
to  them  of  the  election  of  the  following  named  gentlemen  as 
delegates  to  this  Convention: 


Acworth 

Henry-  A.  Clark 

Albany 

Frank  0.  Hammond 

Alexandria 

Perley  H.  Sleeper 

AUenstown 

Fred  S.  Eastman 

Alstead     . 

Chauncey  J.  Newell 

Alton 

Ellsworth  H.  Rollins 

Amherst 
Andover 

Jonathan  S.  Lewis 
Greorge  W.  Stone 

Antrim 

James  E.  Perkins 

Atkinson 

Eugene  E.  Sawyer 

Auburn 

Henry  C.  Sanborn 

Bamstead 

Greorge  J.  Whitney 

Barrington 

Frank  McDaniel 

Bartlett     . 

Eben  0.  Garland 

Bath 

Edward  Woods 

Bedford    . 

Edmund  B.  Hull 

Belmont    . 

Brock  Dearborn 

Bennington 

Ansel  C.  Smart 

Benton 

Lebina  H.  Parker 

Berlin  — Ward  1 

George  W.  Gordon 

Joseph  Howard  Wight 

Henry  M.  Moffett 

Ward  2        .          .         Philippe  E.  Beandoin 

William  Eobinson  Brown 

James  Clare  Coirtis 

Ward  3        .          .         Andrew  P.  Berquist 

John  A.  Burba.nV 

Ernest  J.  Couture 

Wednesday,  June  5,  1918. 


Berlin  — Ward  4 

George  E.  Hutchins 

Bethlehem 

Walter  H.  Clark 

Boscawen 

Willis  G.  Buxton 

Bow 

Robert  W.  Upton 

Bradford  . 

Frank  J.  Peaslee 

Brentwood 

Burton  L.  Smith 

Bristol      . 

John  R.  Connor 

Brookfield 

Guy  L.  Churchill 

Brookline 

Orville  D.  Fessenden 

Ca,Tnpton  . 

Willard  C  Pulsifer 

Canaan      . 

James  B.  Wallace                  '. 

Candia 

Benjamin  F.  Lang                * 

Canterbury 

William  W.  Wheeler 

Carroll      . 

William  H.  Gall 

Center  Harbor 

Edgar  W.  Smith 

Charlestown 

Frank  W.  Hamlin 

Chatha,m   . 

Hazen  Chandler 

Chester     . 

George  D.  Rand 

Chesterfield 

Harold  E.  RandaU 

Chichester 

Frederick  B.  Shaw 

Claremont 

Ira  G.  Colby 

Willia-m  E.  Kinney 

Hiram  G.  Sherman 

Henry  E.  Charron 

Hosea  W.  Parker 

George  W.  Paul 

Clarksville          .          .          .         Charles  L.  Felton 

Colebrook 

John  D.  Annis 
Darwin  Lombard 

Columbia  . 

. 

John  Gray 

Concord  —  Ward  1 

• 

Elmer  U.  Sargent 
Charles  P.  Coakley 

Ward  2 

Phileas  P.  Belanger 

Ward  3 

. 

Levin  J.  Chase 

H                 Ward  4 

. 

John  P.  George 

B                                                      James  0.  Lyford 

1 

Frank  S.  Streeter 

8 


Journal  of  Constitutional  Convention. 


Concord  —  Ward  5 
Ward  6 

Ward  7 


Ward  8 
Ward  ^ 


Conway 


Cornish 

Clx>ydon 

Dalton 

Danbury 

Danville 

Deerfield 

Deering 

Derry 


Dorchester 
Dover  —  Ward  1 

Ward  2 


Ward  3 
Ward  4 


Arthur  H.  Chase 
Fred  C.  Demond 
DeWitte  C.  Howe 
John  H.  Brown 
Arthur  F.  Sturtevant 
Albert  W.  Thompson 
Frank  P.  Quimby 
Henry  H.  Metcalf 
Edson  J.  Hill 
Charles  J.  French 
Joab  N.  Patterson 
James  L.  Gibson 
Lorin  D.  Groulding 
Arthur  E.  Shirley 
William  E.  Beaman 
Edgar  W.  Davis 
William  B.  Aldrich 
Harr}^  Gr.  Dean 
Willis  C.  Tuck 
Charles  E.  Brown 
Hiarlan  C.  Smith 
Edmund  E.  Angell 
Benjamin  T.  Bartlett 
Walter  E.  Sanders 
Edwin  B.  Weston 
Azro  H.  Schoolcraft 
William  E.  Eines 
Clarence  I.  Hurd 
Eugene  Smart 
Frank  I.  Smith 
Charles  A.  Wentworth 
Dwight  Hall 
John  T.  Welch 
James  Marshall 
Thomas  Sherry 
James  H.  McKeon 


Wednesday,  June  5,  1918. 


Dover  —  Ward  5 

Dublin       . 

Dumiiier   . 

DunbaTton 

Durham    . 

East  Kingston 

Easton 

Ea,ton 

Effingham 

Ellsworth 

Enfield 

Epping 

Epsom 

Errol 

Exeter 


Farmington 

Pitzwilliam 
Francestown 
Franconia 
Franklin — ^Ward  1 
Ward  2 


Ward  3 


Freedom    . 

Fremont    . 

Gilford 

Grilmanton 

Gilsum 

Goffstown 

Gorham     . 


John  H.  Wesley 
Harry  A.  G.  Abbe 
Fred  U.  Woodward 
John  Bnnten 
Charles  H.  Pettee 
Frank  B.  Tilton 
Charles  A.  Yoimg 
Walter  D.  Stuart 
Eichard  Dearborn 
Henry  B.  Keniston 
Joseph  B.  Perley 
Joseph  A.  Edgerly 
Charles  F.  Haynes 
Nathaniel  E.  Leach 
Charles  S.  Bates 
John  Scammon 
Ernest  G.  Templeton 
Albert  S.  Wetherell 
Eugene  P.  Nute 
John  Waldron 
Clarence  M.  Damon 
Edwin  W.  Farnum 
Philip  W.  Ayres 
Gilbert  Hodges 
TTiomas  N.  Lapointe 
Hector  Morin 
Walter  F.  Duffy 
Omar  A.  Towne 
William  A.  Bennett 
Stephen  A.  Frosi 
George  W.  Morrill 
Eoyal  L.  Page 
Osmon  H.  Hubbard 
Benjamin  F.  Greer 
Frank  A.  Parker 
Alfred  E.  Evans 
Thomas  H.  McHugh 


10 


Journal  op  Constitutional  Convention. 


Groshen 

Willard  R.  Whitney 

Grafton     . 

Fred  Gage 

Grantham 

Perley  Walker 

Greenfield 

Edwin  C.  Hopkins 

Greenland 

Nathaniel  P.  Ordway 

Greenville 

Louis  0.  Boisvert 

Groton 

Willard  H.  Hunkins 

Hampstead 

Frank  W.  Emerson 

Hampton 

Joseph  B.  Brown 

Hampton  Falls 

Walter  B.  Farmer 

Hancock   . 

Cristy  H.  Duncan 

Hanover    . 

Edwin  J.  Bartlett 

Harrisville 

Elwyn  W.  Seaver 

Hart's  Location 

Charles  H.  Morey 

Haverhill 

Luther  C.  Butler 

William  E.  Lawrence 

Herbert  E.  Smith 

Hebron     .          .          .         ..        Frank  0.  Morse 

Henniker 

:.^        Curtis  B.  Childs 

Hill 

Ellon  S.  Little 

Hillsborough 

Stillman  H.  Baker 
George  W.  Haslet 

Hinsdale  . 

William  G.  Booth 

Holderness 

Nathan  B.  Cox 

HolHs       . 

Daniel  W.  Hayden 

Hooksett  . 

Eugene  S.  Head 

HopkiTiton 

Henry  C.  Davis 

Hudson     . 

John  J.  Baker 

Jackson     . 

Walter  I.  Wentworth 

Jaffrey 

George  H.  Duncan 

Will  J.  Mower 

Jefferson  . 

George  C.  Evans 

Keene  — Ward  1 

William  J.  Callahan 

Charles  M.  Norwood 

Ward  2        .          .         Charles  A.  Madden 

Jerry  P.  Wellman 

Wednesday,  June  5,  1918. 


11 


Keene  —  Ward  3 

Ward  4 
Ward  5 

Kensington 

Kingston  . 

Laconia  —  Ward  1 
Ward  2 

Ward  3 
Ward  4 

Ward  5 

Ward  6 

Lancaster 


Landaff  " . 
Langdon  . 
Lebanon    . 


Lee 

Lempster 

Lincoln 

Libson 

Litchfield 
Littleton 


Londonderry 
Loudon     . 


Frank  Huntress 
WilHam  H.  Watson 
Edward  A.  Kingsbury 
Wallace  E.  Mason 
Herbert  M.  Prescott 
Henry  L.  Sweeny 
Arthur  F.  Clough 
William  B.  Johnson 
Arthur  W.  Spring 
Elmer  S.  Tilton 
Fletcher  Hale 
William  A.  Plummer 
Lester  Philbrook 
Fred  A.  Young 
Charles  F.  Locke 
Charles  H.  Perkins 
John  T.  Amey 
Bernard  Jacobs 
Merrm  Shurtleff 
Charles  E.  Noyes 
William  Hall 
Thomas  P.  Waterman 
Fred  A.  Jones 
Frank  U.  Bell 
Alfred  E.  Lord 
John  Byrne 
Josiah  True  Bartlett 
Arthur  L.  Benway 
Alfred  Stanley 
William  E.  Price 
George  W.  Pike 
Norris  C.  Griffin 
Fred  H.  English 
Harry  M.  Morse 
George  A.  Veazie 
Rosecrans  W.  Pillsbury 
Lewis  L.  Towle 


n 


Journal  of  Constitutional  Convention. 


Lyman 
Lyme 

Lyndeborough 
Madbury  . 
Madison    . 
Manchester  —  Ward   1 


Ward   2 


Ward   3 


Ward    t 


Ward   5 


Ward   6 


John  E.  Clough 
David  A.  Grant 
Charles  H.  Tarbell 
William  H.  Knox 
Walter  Kennett 
Eobert  B..  Chase 
Eobert  E.  Wheeler 
Allan  M.  Wilson 
Jesse  B.  Pattee 
Fred  S.  Pillsbury 
Victor  W.  Roy 
Hlarry  W.  Spanlding 
Albert  0.  Brown 
Lndger  J.  Deschenes 
Frank  E.  Farrell 
Frank  C.  Livingston 
Horace  A.  Eediield 
Carl  E.  Rydin 
Marshall  C.  Blanchard 
John  B.  Cavanangh 
Hertel  Parisean 
ilerman  A.  Schellenberg 
Eugene  B.  Worthen 
Frank  X.  Carroll 
James  H.  Collins 
William  B.  Eagan 
William  F.  Grlancy 
John  J.  Grorhani 
Richard  H.  Horan 
Peter  J.  Magan 
Daniel  J.  McCarthy 
Michael  J.  McNnlty 
Andrew  B.  Bun  ton 
George  I.  McAllister 
John  J.  McAllister,  Jr. 
Richard  R.  Allen 
Frank  P.  Newman 


Wednesday,  June  5,  1918. 


13 


Manchester  —  Ward   7 


Ward   8 


Ward   9 


Ward   10 


Ward   11 


Ward   12 


Ward   13 


Marlborough    . 
Marlow 
Mason 
Meredith  . 
Merrimack 
Middleton 
Milan 
Milford     . 


Martin  L.  Mahoney 
John  J.  Ryan 
Patrick  J.  Eyan 
Joseph  Chevrette 
John  J.  Connor 
Mark  B.  Flanders 
Cornelius  J.  Sullivan,  Jr. 
Charles  E.  Chapman 
Samuel  F.  Davis 
Clinton  I.  Dow 
Robert  Edgar 
James  A.  Sayers 
William  McElroy 
Frank  H.  Emerson 
Henry  Weber 
George  J.  Gingras 
Charles  J.  McLaughlin 
John  G.  Whelpley 
Joseph  Laberge 
Cyprien  J.  Belanger 
Henry  Hebert 
Charles  A.  Pecor 
Eugene  Bailly 
Noel  Devost 
Adelard  J.  Francoeur 
Eemi  Gagnon 
William  M.  McCarthy 
Merrill  Mason 
Rockwell  F.  Craig 
Tracey  A,  Eaton 
John  F.  Beede 
James  C.  F.  Hodgman 
Meander  H.  Davis 
Frank  M.  Hancock 
Charles  S.  Emerson 
Arthur  L.  Keyes 
Benjamin  F.  Prescott 


14 


JouKNAL  OF  Constitutional  Convention. 


Milton 

Monroe 

Mont  Vernon     . 

Moultonboroiigli 

Nashua —7  Ward  1 

Ward  2 

Ward  3 


Ward  4 

Ward  5 

Ward  6 

Ward  7 


Ward  8 


Ward  9 


Nelson 
New  Boston 
Newbury  . 
Newcastle 
New  Dnrliam 
Newfields 
New  Hampton 
Newington 
New  Ipswich 
New  London 
Newmarket 


Bai'd  B.  Plnmmer 
Daniel  E.  Gilchrist 
Frank  0.  Lamson 
James  E.  French 
Marshall  D.  Cobleigh 
Charles  J.  Hamblett 
Elijah  K.  Shaw 
Leon  T.  Eobichaud 
John  P.  Lampron 
Toussaint  Ledoux 
Narcisse  H.  Sal  vail 
William  E.  Foisie 
Frederick  J.  Gaffney 
Stephen  L.  Hallinan 
William  J.  O'Neil 
Curtis  E.  Bresnahan 
Fred  J.  Crowell 
Jeremiah  J.  Doyle 
Edward  Everett  Clark 
Ealph  W.  Holt 
John  T.  Winn 
Cleophas  Cote 
Charles  Dionne 
Napoleon  Laplante 
George  Theriault 
Fred  A.  Scott 
George  A.  Prince 
Joseph  A.  Donigan 
Oliver  B.  Marvin 
Dana  P.  Jones 
Bert  P.  Doe 
Bert  G.  Ordway 
Jackson  M.  Hoyt 
Philip  F.  Gordon 
Justin  0.  Wellman 
Louis  Philippe  Beaudet 


Wednesday,  June  5,  1918. 


15 


Newmarket 
Newport    . 


Newton     . 
Northfield 
North  Hampton 
Northumberland 

Northwood 

Nottingham 

Orange 

Orford 

Ossipee 

Pelham 

Pembroke 


Peterborough 

Piermont 
Pittsburg 
Pittsfield  . 

Plainfield 
Plaistow    . 
Plymouth 

Portsmouth  —  Ward  1 

Ward  2 

Ward  3 


George  H.  Towle,  Jr. 
George  H.  Willey 
Jesse  M.  Barton 
John  L.  Dame 
Frank  A.  Rogers 
John  E.  Hayford 
Albert  S.  Carter 
Thomas  B.  Shaw 
Arthur  C.  Aldrich 
Antipus  H.  Curtis 
John  G.  Towle 
Arthur  W.  McDaniel 
Frank  H.  Wendell 
Alvah  M.  Stevens 
Afrthur  E.  Kenison 
Forest  E.  Kelley 
Lawrence  C.  Bates 
Edward  M.  Fowler 
Charles  B.  Rogers 
Mortier  L.  Morrison 
James  F.  Brennan 
Arlo  E.  Barnard 
Charles  H.  Johnson 
Richard  B.  Bartlett 
Frank  H.  Sargent 
Frank  W.  True 
Fred  P.  Hill 
Alvin  F.  Wentworth 
Frank  J.  Beal 
Thomas  Entwistle 
Edward  Percy  Stoddard 
Alfred  F.  Howard 
Calvin  Page 
Frederick  M.  Sise 
William  Cogan 
Thomas  A.  Ward 


16 


Journal  of  Constitutional  Convention. 


Portsmouth 

—  Waxd  4 

William  J.  Cater 

Ward  5 

Eugene  B.  Eastman 

Eandolpli 

. 

Lahan  M.  Watson 

Raymond 

. 

David  L.  Fellows 

Richmond 

. 

Stephen 'A.  Bullock 

Rindge 

. 

Harris  H.  Rice 

Rochester  — 

-Ward   1  . 

WiLber  F.  Cole 

Ward  2  . 

Ernest  C.  Wescott 

Ward  3  . 

,        John  Levi  Header 

Ward  4  . 

Alcide  Bilodeau 
John  Young 

Ward   5. 

Leslie  P.  Snow 

Ward  6  . 

Roy  C.  Home 
Charles  W.  Vamey 

Rollinsford 

• 

William  F.  McNally 
Jaiiies  F.  Philpott 

Roxbury    . 

Thomas  M.  Dillingham 

Rumney    . 

Edward  A.  Elliott 

Rye 

Alba  R.  H.  Foss 

Salem 

Frank  D.  Wilson 
Chester  T.  Woodbury 

Salisbury 

John  Shaw 

Sanborn  ton 

Robert  M.  Wright 

Sandown  . 

John  W.  Levering 

Sandwich 

Charles  B.  Hoyt 

Seabrook   . 

Phineas  F.  Beckman 

Sharon 

Calvin  A.  Hurd 

Shelburne 

Charles  E.  Philbrook 

Somersworth  —  Ward  1 

Elisha  C.  Andrews 

Ward  2 

Haven  Doe 

Ward  3 

Laurent  J.  Gaudreau 

Ward  4       . 

John  Parsons 
Clement  P.  Roy 

Ward  5 

Peter  M.  Gagne 

South  Hampton 

Charles  F.  Floyd 

Springfield 

. 

Curtis  J.  Mchols 

Stark 

• 

Ervin  J.  Cole 

Wednesday,  June  5,  1918. 


17 


Stewartstown      . 

Leon  D.  Eipley 

Stoddard 

Henry  E.  Spalding 

Strafford  . 

Alvin  E.  Thomas 

Stratford 

John  C.  Hutchins 

Stratham 

Charles  W.  Whitcoml 

Sullivan    . 

Eugene  Marston 

Sunapee    . 

Murvin  A.  Bailey 

Surry 

Mason  A.  Carpenter 

Sutton       . 

Herbert  L.  Pillsbury 

Swanzey    . 

Frank  S.  Faulkner 

Tamworth 

Martin  L.  Schenck 

Temple     . 

Charles  W.  Tobey 

Thornton 

John  F.  Merrill 

Tilton 

William  H.  Trickey 

William  H.  Moses 

Troy 

Asa  C.  Dort 

Tuftonboro     . 

John  A.  Edgerly 

Unity 

Frank  Eeed 

Wakefield 

Arthur  L.  Foote 

Walpole     . 

Alfred  Clarke 

William  J.  King 

Warner 

Mason  T.  Ela 

Warren 

Frank  C.  Clement 

Washington 

Sumner  N.  Ball 

Waterville 

John  H.  Foster 

Weare 

George  H.  Eastman 

Webster    . 

Henry  F.  Pearson 

Wentworth 

David  L.  Goodwin 

Wentworth's  Location 

Lewis  H.  Coy 

Westmoreland    . 

Asa  A.  Whitman 

T\Tiitefield          .   .      . 

Edgar  M.  Bowker 

Wilmot     . 

Wesley  S.  Wells 

Wilton       . 

Joshua  F.  Frye 

Winchester 

LaFell  Dickinson 

George  W.  Peirce 

Windsor    . 

Frederick  J.  Hughes 

Windham 

Charles  I.  Nelson 

18     JouRXAL  OF  Constitutional  Convention. 

Wolfeboro  .  .         .         Joseph  T.  Meader 

William  H'athaway  Pound 
Woodstock  .  .  .         Elmer  E.  Woodbury 

The  committee  also  report  that  Mr.  George  W.  Gordon 
of  Berlin  and  Mr.  Edson  J.  Hill  of  Concord  have  died  and 
that  Mr.  Frank  J.  Peaslee  of  Bradford  has  resigned.  At  spe- 
cial elections  Mr.  Everett  Kittredge  has  been  elected  a  dele- 
gate from  Bradford,  and  Mr.  William  A.  Lee  has  been  elected 
from  Ward  Eight,  Concord. 

The  committee  recommend  that  Mr.  Everett  Kittredge  of 
Bradford,  and  Mr.  William  A.  Lee  of  Ward  Eight,  Concord, 
be  seated  as  delegates  to  fill  vacancies. 

The  committee  further  report  that  no  delegates  have  been 
elected  from  Livemiore  and  Bridgewater,  and  that  on  account 
of  a  tie  vote  no  certificate  of  election  has  been  issued  in  Ash- 
land, and  only  one  certificate  of  election  has  been  issued  in 
Hanover,  which  is  entitled  to  two  delegates. 

The  report  of  the  committee  was  accepted  and  its  recom- 
mendations adopted. 

On  motion  of  Mr.  Duncan  of  Jaffrey,  the  following  resolu- 
tion was  adopted: 

Wheeeas^  The  election  for  the  choice  of  delegates  to  this 
Convention  in  Ashland  and  Hanover  resulted  in  a  tie  vote, 
with  no  choice,  thereby  depriving  the  town  of  Ashland  of  rep- 
resentation herein  and  the  town  of  Hanover  of  one  half  of 
its  representation,  be  it 

Resolved,  That  Albion  Kahler  and  Theodosius  S.  Tyng, 
both  of  Ashland,  and  Horace  E.  Hoyt  and  Erank  A.  TJpdyke, 
both  of  Hanover,  be  seated  in  this  Convention  as  delegates 
from  their  respective  towns,  with  one  half  vote  each,  and  with 
full  pay. 

The  roll  of  the  Convention  was  then  called  and  426  gentle- 
men answering  to  their  names,  a  quorum  of  the  Convention 
was  declared  present. 


Wednesday,  June  5,  1918.  19 

Mr.  iSnow  of  Rochester. — I  am  sure  it  is  the  desire  of  this 
Convention  to  have  a  permanent  organization  as  speedily  as  pos- 
sible. We  have  no  time,  gentlemen,  to  waste  in  complimentary 
votes  or  useless  balloting.  We  are  fortunate  in  having  one 
member  whose  fitness  for  the  high  office  of  President  is  recog- 
nized by  us  all,  a  man  of  large  experience,  a  man  of  sound 
judgment,  a  lawyer,  a  financier,  and  a  public  servant  of  tried 
capacity'. 

Mr.  Snow  of  Rochester  moved  that  the  Convention  pro- 
ceed to  the  election  of  a  President  of  the  Convention,  and  that 
the  temporary  secretary  be  instructed  to  cast  one  ballot  as  the 
ballot  of  the  Convention  for  Hon.  Albert  0.  Brown  of  Man- 
chester for  President  of  the  Convention.  The  motion  was  sec- 
onded by  Mr.  Harry  W.  Spaulding^  Manchester. 

Question  being  on  the  motion  of  Mr.  Snow  of  Rochester,  — 

On  a  viva  voce  vote,  the  motion  of  Mr.  Snow  of  Rochester 
was  adopted. 

Total  number  of  ballots  cast 1 

Necessary  to  a  choice   1 

Hion.  Albert  0.  Brown  of  Manchester  had 1 

and  Hon.  Albert  0.  Brown  of  Manchester  was  declared  elected 
President  of  the  Convention. 

Messrs.  Streeter  of  Concord  and  Hutchins  of  Stratford  were 
appointed  to  conduct  the  President-elect  to  the  chair. 

(The  President  in  the  Chair.) 

On  assuming  the  chair,  Mt.  Brown  addressed  the  Conven- 
tion as  follows : 

Gentlemen  of  the  Convention  : 

To  be  selected  to  preside  over  the  deliberations  of  those  to 
whom  the  people  of  New  Hampshire  have  delegated  the  power  to 
revise  their  ancient  Constitution  is  a  great  honor.  In  the  nature 
of  things,  it  can  come  to  few  men.  Indeed,  the  roll  of  Conven- 
tion Presidents  for  the  whole  period  of  the  history  of  the  State 
bears  but  nine  names.     For  the  place  you  have  assigned  to  me 


20  JOUKNAL  OF  COXSTITUTIONAL  CONVENTION. 

in  this  honorable  succession  I  return  my  sincere  thanks  and 
my  promise  of  faithful  service. 

This  Convention  has  fallen  upon  solemn  times.  *  The  nations 
are  at  war.  Upon  the  ocean  and  upon  the  fields  of  France,  our 
first  ally,  we  are  face  to  face  with  a  formidable  and  malign 
enemy,  whose  purpose  is  the  spoliation  of  the  world.  Should 
this  design  seem  incredible,  it  is  only  necessary  to  remember 
that  the  plunder  of  contiguous  j)eoples  and  the  annexation  of 
their  territory  have  for  more  than  two  hundred  years  been  the 
business  and  pastime  of  the  Kingdom  of  Prussia.  Meanwhile, 
by  force  and  diplomacy  based  on  force  she  has  consolidated 
nearly  thirty  states  into  the  foremost  military  power  of  this 
or  any  age. 

It  is  not  strange  that  the  warlike  plans  of  a  people  of  such 
antecedents  and  achievements  should  be  broad  and  compre- 
hensive, if  not  universal.  That  they  extend  at  least  to  us  has 
been  established  out  of  the  mouth  of  him  who  alone  can  make 
w^ar  in  their  support.  And  he  has  proved  his  words  by  monstrous 
deeds.  He  has  destroyed  our  people  without  regard  to  sex  or 
age  as,  exercising  the  rights  of  neutrals,  they  sailed  the  open 
seas.  He  filled  our  land  with  spies,  sowed  the  seeds  of  insur- 
rection among  us,  and  urged  other  nations  to  attack  us  while 
his  accredited  representatives  w^ere  yet  guests  in  our  official 
family.  Insult  followed  insult  and  injury  followed  injury,  until 
from  self-respect  and  in  self-defense  we  turned  from  the  arts 
of  peace  to  the  arts  of  w^ar. 

From  the  first  our  sympathy  went  out  to  those  who  were 
struggling  against  the  common  enemy  of  free  governments ;  but 
sentiment  was  powerless  in  the  presence  of  unconscionable 
profits.  Year  in  and  year  out  a  great  fleet  and  great  armies 
w^ithstood  a  military  machine  that  seemed  to  be  irresistible  and 
saved  our  shores  from  harm.  And  we  accepted  the  benefit  but 
declined  the  burden  of  the  service.  Moreover,  although  in  our 
own  person  we  were  smitten  on  the  one  cheek,  we  failed  to  pro- 
tect the  other.  It  is  plain  we  cannot  regain  our  former  position 
of  influence  and  advantage,  but  we  can  in  a  large  measure  atone 
for  our  defaults.  We  can  as  one  man  the  more  fully  devote  our 
time,  our  means  and  our  all  to  the  everlasting  defeat  of  the 
policy  of  "blood  and  iron." 

Once  in  every  generation  America  has  fought  a  great  war  and 
concluded  peace,  but  she  has  never  concluded  peace  except  upon 
her  own  terms.  She  is  determined  not  to  do  so  now,  and  she 
has  counted  the  cost.  So  far  the  Germans  and  their  subordi- 
nates have  more  than  held  their  own  with  the  allies.  They  are 
not  greatly  weakened  in  numbers,  are  not  naked  or  hungry  or 


Wednesday,  Juxe  5,  1918.  21 

ill  equipped.  On  the  other  hand,  it  may  be  doubted  whether 
they  have  passed  their  highest  eiliciency.  In  addition  to  their 
own  ample  resources  in  men  and  materials,  they  now  have  be- 
hind them  and  largely  at  their  command  all  those  of  eastern 
Europe  and  western  Asia,  the  extent  of  which  it  is  difficult  to 
comprehend.  But  America  is  in  the  war  and  must  "see  it 
through." 

A  crisis  is  impending.-  It  may  be  one  of  many.  But  upon 
success  or  failure  of  this  season's  campaign  the  final  result  is 
likely  to  depend.  America  can  decide  the  issue.  Her  men,  her 
money  and  her  supplies,  if  in  sufficient  quantity,  will  turn  the 
tide.  It  is  our  duty  to  make  the  quantity  sufficient,  and  there 
is  little  room  for  any  activity  that  does  not  in  some  degree  con- 
tribute to  that  end. 

What  action  this  Convention  shall  take  in  the  premises  is 
for  you  to  determine.  It  is  not  probable,  however,  that  anj 
proposed  change  in  our  fundamental  law  can  be  supported  as  a 
war  measure.  Therefore  it  must  be  agreed  that  as  little  time  as 
possible  should  be  spent  here  and  none  whatever  wasted.  Within 
this  limitation  several  courses  suggest  themselves,  any  one  of 
which  it  is  safe  to  pursue.  But  the  Convention  is  entirely  in 
your  hands  and  I  await  your  pleasure. 

On  Diotion  of  Mr.  Streeter  of  Concord,  the  following  reso- 
lution was  adopted: 

Resolved,  That  Messrs.  A.  Chester  Clark  of  Concord  and 
Bernard  W.  Carey  of  Newport  be  elected  Secretary  and  As- 
sistant Secretary  of  the  Convention  respectively  by  accla- 
mation. 

Messrs.  A.  Chester  Clark  of  Concord  and  Bernard  W.  Carey 
of  Xewport  appeared  and  qualified  as  Secretary  and  Assistant 
Secretary  respectively. 

On  motion  of  Mr.  Quimhy  of  Concord,  the  following  reso- 
lution was  adopted: 

Resolved,  That  a  committee,  consisting  of  twenty  delegates, 
each  county  to  be  represented  thereon,  be  appointed  by  the 
Chair  to  select  and  report  to  the  Convention  the  names  of  per- 
sons to  fill  the  offices  of  Sergeant-at-Arms,  Chaplain,  four 
Doorkeepers,  Warden  of  the  Coat-Eoom,  Assistant  Warden  of 


22  Journal  of  Constitutional  Convention. 

the  Coat-Eoom,  an  Official  Stenographer,  and  an  Assistant 
Stenographer. 

The  President  appointed  the  following  named  gentlemen  as 
members  of  such  committee: 

Committee  on  Permanent  Organization. 

Quimby  of  Concord. 

Livingston  of  Manchester. 
Entwistle  of  Portsmouth. 
Cobleigh  of  Nashua. 
Perkins  of  A'ntrim 
Cray  of  Columbia. 
Sherry  of  Dover. 
ISTute  of  Farmington. 
Philbrook  of  Laconia. 
McN'ally  of  Eollinsford. 
Wellman  of  Keene. 
Ball  of  Washington. 
Connor  of  Manchester. 
Sanders  of  Derry. 
Perley  of  Enfield. 
Edgerly  of  Tuftonborough. 
Bilodeau  of  Eochester. 
Head  of  Hooksett 
Thompson  of  Concord. 
Eoy  of  Somersworth. 

On  motion  of  Mr.  Gibson  of  Conway,  the  following  resolu- 
tion was  adopted : 

Resolved,  That  a  committee  of  twenty  delegates,  each  county 
to  be  represented  thereon,  be  appointed  by  the^Chair  to  report 
rules  for  the  government  of  this  Convention,  and  recommend 
methods  of  procedure,  and  until  the  report  of  this  committee 
shall  have  Deen  accepted  and  adopted  the  rules  of  the  Con- 
vention of  1912  be  adopted  as  the  rules  of  this  Convention. 


Wednesday,  June  5,  1918.  33 

The  President  appointed  the  following  named  gentlemen 
as  members  of  such  committee: 

Committee  on  Kules. 

Gibson  of  Conway. 
Sherman  of  Claremont. 
George  of  Concord 
Weston  of  Derry. 
Wesley  of  Dover. 
Childs  of  Henniker. 
Mason  of  Keene. 
Chase  of  Manchester. 
Horan  of  Manchester. 
Pike  of  Lisibon. 
Pillsbury  of  Manchester. 
Wescott  of  Rochester. 
Thomas  of  Stratford. 
Whitcomb  of  Stratham. 
Stoddard  of  Portsmouth. 
King  of  Walpole. 
Paul  of  Claremont. 
Lombard  of  Colebrook. 
Robichaud  of  Nashua. 
Young  of  Laconia. 

Mr.  Lyf ord  of  Concord  offered  the  following  resolution : 

Wheeeas^  The  United  States  is  engaged  in  a  world  war 
for  the  preservation  of  civilization  and  for  the  perpetuity 
of  free  institutions  —  a  war  that  will  tax  our  resources  to  the 
utmost,  a  war  that  calls  for  the  undivided  loyalty  and  sup- 
port of  every  citizen  of  the  Republic,  and  the  sacrifice  of  all 
material  and  personal  considerations  in. the  interest  of  hu- 
manity, and  a  war  that  has  already  brought  German  atroci- 
ties to  our  shores ;  and, 

Whekeas,  Our  thoughts  are  with  our  sons,  our  brothers 
and  our  kindTed,  who  are  shedding  their  blood  on  the  bat- 


24  JouKNAL  OP  Constitutional  Convention. 

tlefields  of  France,  and  whose  efforts  in  our  behalf  and  in 
behalf  of  the  democracy  of  the  world,  should  have  our  con- 
stant consideration ;  and 

Whereas^  The  basic  reason  for  calling  this  Convention  is 
the  desire  of  the  people  that  the  Constitution  be  amended  so 
that  the  Legislature  may  have  greater  latitude  in  levying 
taxes;  therefore,  in  view  of  these  conditions,  be  it 

Resolved,  That  the  work  of  the  present  session  of  this  Con- 
vention be  confined  to  two  amendments  of  the  Constitution  — 
an  amendment  giving  the  General  Court  full  authority  to 
specially  assess,  rate  and  tax  growing  timber  without  regard 
to  the  rule  of  proportion  otherwise  required  in  taxation;  and 
an  amendment  providing  for  an  income  tax,  regardless  of  the 
rule  of  proportion  otherwise  required  in  taxation,  which  shall 
provide  for  legislative  authority  to  specially  assess,  rate  and 
tax  money  at  interest,  including  money  in  savings  banks  and 
other  banks;  and  that  when  action  on  these  amendments  has 
been  taken,  the  Convention  adjourn,  subject  to  the  call  of  a 
committee  consisting  of  the  President  of  this  Convention  and 
one  delegate  from  each  county,  to  be  appointed  by  the  Chair, 
a  majority  of  whom  are  hereby  empowered  to  issue  a  call  for 
the  Convention  to  reassemble. 

Question  being  on  the  resolution  of  Mr.  Lyford  of  Con- 
cord, — 

Mr.  Lyford  of  Concord. — ^Mr.  President,  if  the  chair  will  in- 
dulge me,  I  should  like  to  make  a  brief  statement  on  this  resolu- 
tion, and  I  pledge  you  to  occupy  but  a  very  few  minutes.  This 
resolution  provides  for  the  consideration  of  two  tax  amend- 
ments;  one  will  specially  rate,  assess  and  tax  growing  wood 
and  timber,  and  the  other  will  provide  for  a  general  income  tax, 
which  will  also  include  the  classification  of  property,  so  that  in- 
tangibles can  be  taxed  at  a  different  rate  by  the  Legislature. 
Now,  then,  the  first  amendment  has  already  passed  the  test  of 
a  Constitutional  Convention.  It  is  part  of  the  amendment  that 
was  submitted  in  1912,  which  failed  by  only  a  few  votes  of 
being  ratified.     No  time  will  be   required   in   considering  it   as 


Wednesday,  Juxe  5,  1918.  25 

to  its  phraseology.  It  is  drawn  as  well  as  it  can  be  drawn  ;  ifc 
is  drawn  to  accomplish  this  purpose,  and  1  understand  it  is  ac- 
ceptable to  those  who  desire  such  an  amendment  offered.  An- 
other amendment,  drawn  by  the  tax  commission,  which  covers 
the  income  tax  and  also  the  tax  on  intangibles,  has  had  an 
almost  unofficial  sanction  by  members  of  the  Court,  and  it  prob- 
ably could  not  be  improved,  and  that,  too,  if  it  is  the  desire  of 
the  Convention  to  adopt  it,  will  require  no  time  in  the  considera- 
tion of  its  phraseology.  Now,  then,  as  to  the  scope  of  this  reso- 
lution. As  some  of  you  are  aware,  I  have  been  of  the  opinion 
that  probably  no  amendment  that  we  submit  at  this  time,  when 
our  whole  attention  is  focused  on  the  ^var,  when  our  casualty 
lists  are  constantly  increasing,  will  receive  the  attention  of  the 
people  when  it  is  submitted  to  them  for  consideration.  But  in 
deference  to  an  expressed  desire  that  these  two  amendments 
should  be  considered,  I  am  waiving  my  views  on  this  question, 
that  the  Convention  may  confine  itself  to  these  two  issues.  Now, 
under  this  resolution,  no  member  of  the  Convention  is  commit- 
ted to  either  of  these  tax  propositions.  It  is  possible  under  this 
resolution  to  adopt  one  of  these  amendments  and  reject  the 
other.  It  is  possible  under  this  resolution,  if  it  is  the  sense  of 
the  majority  of  this  Convention,  to  reject  both  propositions,  I 
know  there  has  been  a  feeling  that  we  should  adjourn  without 
undertaking  to  submit  any  amendments,  but  this  resolution  still 
leaves  open  to  you,  after  you  have  considered  it,  to  decide  that 
question  that  way,  if  the  majority  so  pleases.  I  hope  that  no 
amendment  will  be  offered  to  this  resolution,  or  at  least  that  no 
amendment  if  ottered  will  be  adopted.  If  we  are  to  go  on  here 
and  submit  a  number  of  amendments — amendments  that  men 
think  are  just  as  important  as  other  men  think  their  amend- 
ments are — we  shall  waste  the  time  of  this  Convention  and  the 
money  of  the  State.  I  believe  that  under  this  resolution,  going 
into  a  Committee  of  the  Whole,  we  can  consider,  first,  the  resolu- 
tion in  regard  to  the  tax  on  growing  timber,  lumber  and  wood, 
and  having  acted  upon  that — which  we  can  do  in  one  day,  to- 
morrow, or  we  might  get  at  it  this  afternoon — we  can  then  indi- 
cate what  our  desire  is  in  acting  upon  the  other  amendment,  and 
that,  by  Friday  night,  we  can  close  the  work  of  this  Convention, 
and  then  leave  it  to  a  time  when  our  attention  can  be  given  to 
these  other  propositions  that  members  want  to  propose  at  a 
subsequent  call  of  this  Convention. 

Mr.  McNultij  of  Manchester. — Mr.  President  and  Gentlemen  of 
the  Convention,  I  am  not  anxious  to  prolong  this  Convention, 
but  I  do  not  think  taxation  is  the  only  vital  question  we  are 
called  upon  to  consider.    Now,  this  war  in  Europe  we  all  deplore, 


26  JouBXAL  OF  Constitutional  Convention. 

but  it  is  well  that  we  keep  our  house  in  order.  There  is  a  cam- 
paign pending  in  which  we  are  to  elect  members  of  Congress— 
at  least,  1  have  seen  it  in  the  papers  that  they  hope  to  change 
the  complexion  of  our  national  government  this  fall.  Now,  then, 
why  not  postpone  the  election  of  congressmen?  Why  not  dis- 
pense with  the  election  that  is  coming?  State  matters  are  im- 
portant just  as  well  as  national  matters.  There  are  important 
questions  to  be  considered  here,  gentlemen.  The  Constitution 
of  New  Hampshire  would  stand  amendment.  I  have  been  a 
member  of  the  New  Hampshire  House  of  Eepresentatives  and 
have  seen  good  measures  passed  in  that  body,  only  to  be  killed 
in  the  Senate  and  never  more  heard  of.  Now,  gentlemen,  is  it 
right  that  a  minority  should  control  New  Hampshire?  It  is  done 
by  our  legislative  methods.  There  are  other  things  to  consider. 
If  the  gentleman  from  Concord,  Mr.  Lyford,  would  offer  an 
amendment  to  consider  making  our  legislature  evenly  balanced, 
I  would  be  willing  to  say  I  would  accept  his  resolution  on  tax- 
atioii.  Taxation  isn't  everything  in  this  world.  There  are  some 
things  more  vital  than  taxation  of  timber  lands.  Why,  the  tax- 
ation of  real  estate  isn't  right.  Taxation  is  one  of  the  most 
puzzling  problems  that  was  ever  put  before  a  human  being.  We 
all  try  to  dodge  it.  These  men  that  are  interested  in  timber 
lands  have  got  this  thing  all  fixed  for  us,  gentlemen ;  there  is  no 
question  about  it.  They  are  all  men  of  wealth.  Twenty  years 
ago  you  could  get  a  thousand  feet  of  lumber  for  ten  dollars, 
and  today  it  is  forty  or  fifty  a  thousand,  depending  on  the  kind 
of  lumber  you  are  buying;  and,  gentlemen,  do  not  adjourn  this 
Convention  because  the  war  is  going  on.  War  is  with  us,  as  the 
President  of  the  Convention  has  suggested.  Germany  has  her 
Eeichstag  convene  and  pass  laws,  and  in  England  Parliament 
convenes  and  passes  laws ;  and  there  are  plenty  of  amendments 
to  be  added  to  this  Constitution  which  would  make  New  Hamp- 
shire a  much  more  democratic  state  than  it  is. 

Mr.  Metcalf  of  Concord. — I  haven't  any  speech  to  unload  upon 
the  Convention.  I  suppose  my  colleague  from  Concord,  Mr. 
Lyford's,  resolution  is  before  the  Convention.  He  says  he  doesn't 
want  any  amendment  offered  to  it,  but  I  propose  to  submit  one 
amendment,  and  I  wish  he  would  accept  it,  and  if  he  shows 
his  usual  good  judgment  he  will.  I  wish  to  amend  his  resolu- 
tion by  changing  the  phraseology  so  that  it  shall  permit  the 
Convention  to  deal  with  three  amendments  instead  of  two,  and 
I  will  indicate  the  purport  of  my  amendment.  I  propose  that 
this  Convention,  in  addition  to  the  consideration  of  these  two 
amendments,  consider  another,  to  the  effect  that  all  future 
amendments  to  the  Constitution  of  New  Hampshire  be  submitted 


Wednesday,  Juxe  5,  1918.  27 

to  the  people  for  adoption  by  vote  of  the  Legislature  of  the 
State  by  a  two-thirds  majority.  The  idea  that  I  have  in  mind 
is  to  get  rid  of  this  business  of  calling  Constitutional  Conven- 
tions every  seven  years  and  allow^  amendments  to  be  submitted 
by  the  Legislature,  which,  with  all  due  deference  to  us,  is  just 
as  capable  a  body  as  this.  That  will  avoid  a  great  deal  of  ex- 
pense and  it  will  enable  this  Convention  when  it  adjourns  to 
adjourn  sine  die  and  not  come  together  again,  saving  a  large 
amount  of  money  in  that  respect ;  and  if  it  appears  to  the  next 
Legislature  that  amendments  are  needed  by  the  State,  it  can 
submit  them  to  the  people  and  they  can  be  adopted  just  as  readily 
and  just  as  quickly  as  though  this  Convention  comes  together 
again,  at  large  expense  to  the  State,  and  proposes  some  amend- 
ments, Now,  if  the  gentleman  from  Concord,  Mr.  Lyford,  will 
accept  that  amendment — I  haven't  put  it  in  writing,  but  that 
is  the  substance  of  it — I  shall  be  glad  to  vote  for  this  resolution. 
Mr.  Duncan  of  Jaffrey. — 1  have  the  same  amendment  prepared 
in  writing  and  I  will  offer  it. 

Mr.  Duncan  of  Jaffrey  offered  the  following  amendment  to 
the  resolution  of  Mr  Lyford  of  Concord: 

Strike  out  the  word  "  two  ''  and  substitute  therefor  the  word 
^'  three  "  and  insert  after  the  words' "  other  banks  "  the  words, 
^'  and  an  amendment  allowing  the  General  Court  to  submit 
•constitutional  amendments,"  so  that  the  resolution  as 
amended  shall  read  as  follows : 

Whereas,  The  United  States  is  engaged  in  a  world  war  for 
the  preservation  of  civilization  and  for  the  perpetuity  of  free 
institutions  —  a  war  that  will  tax  our  resources  to  the  utmost, 
a  war  that  calls  for  the  undivided  loyalty  and  support  of  every 
citizen  of  the  Eepublic,  and  the  sacrifice  of  all  material  and 
personal  considerations  in  the  interest  of  humanity,  and  a  war 
that  has  already  brought  German  atrocities  to  our  shores ;  and 

Whereas,  Our  thoughts  are  with  our  sons,  our  brothers  and 
our  kindred,  who  are  shedding  their  blood  on  the  battlefields 
of  France,  and  whose  efforts  in  our  behalf  and  in  behalf  of 
the  democracy  of  the  world  should  have  our  constant  con- 
sideration; and. 

Whereas,  The  basic  reason  for  calling  this  Convention  is 
the  desire  of  the  people  that  the  Constitution  be  amended  so 


28  JouPtXAL  OF  Constitutional  Convention. 

that  the  Legislature   may  have  greater  latitude  in  levying 
taxes;  therefore,  in  view  of  these  conditions,  be  it 

Resolved,  That  the  work  of  the  present  session  of  this  Con- 
vention be  confined  to  three  amendments  of  the  Constitution — 
an  amendment  giving  the  General  Court  full  authority  to  spe- 
cially assess,  rate  and  tax  growing  timber  without  regard  to 
the  rule  of  proportion  otherwise  required  in  taxation ;  and  an 
amendment  providing  for  an  income  tax,  regardless  of  the 
rule  of  proportion  otherwise  required  in  taxation,  whieli  shall 
provide  for.  legislative  authority  to  specially  assess,  rate  and 
tax  money  at  interest,  including  money  in  savings  banks  and 
other  banks;  and  an  amendment  allowing  the  General  Court 
to  submit  costitutional  amendments;  and  that  when  action 
on  these  amendments  has  been  taken,  the  Convention  adjourn., 
subject  to  the  call  of  a  committee  consisting  of  the  President 
of  this  Convention  and  one  delegate  from  each  county,  to  be 
appointed  by  the  Chair,  a  majority  of  whom  are  hereby  em- 
powered to  issue  a  call  for  the  Convention  to  reassemble. 

Question  being  on  the  amendment  offered  by  Mr.  Duncan 
of  Jaffrey  to  the  resolution  offered  by  Mr.  Lyford  of  Con- 
cord, — 

Mr.  Lyford  of  Concord.  —  i  have  been  asked  by  the  author  of 
this  amendment  to  accept  it.  This  opens  up  the  very  thing-  that 
we  desired  and  hoped  to  avoid.  It  opens  up  a  discussion,  which, 
in  permitting-  an  amendment  of  that  kind,  would  mean  almost 
as  many  opinions  as  there  are  members  of  the  Convention.  My 
one  reason  in  confining  the  work  of  this  Convention  to  the  two 
tax  propositions  is  that  the  basic  reason  for  calling-  tliis  Con- 
vention by  the  people,  when  they  voted  for  it,  was  on  the  subject 
of  taxation.  Now,  then,  the  gentleman  from  Concord,  Mr.  Met- 
calf,  and  the  gentleman  from  Jaffrey,  Mr.  Duncan,  are  interested 
in  this  amendment.  There  are  others  interested  in  other  amend- 
ments, which  they  think  just  as  important  as  the  amertdment 
suggested  by  the  gentleman  from  Ward  Seven,  Concord.  If  you 
admit  that,  you,  out  of  courtesy,  should  admit  others,  the  initi- 
ative and  referendum,  perhaps  a  question  of  the  election  of 
judges  by  the  people,  the  reduction  of  the  House  of  Represent- 
atives, the  increase  of  the  Senate,  the  abolition  of  the  Governor's 


Wednesday,  June  5,  1918.  29 

(Jouncil,  and  so  on,  until  we  have  exhausted  our  appropriation 
and  we  have  perhaps  not  agreed  upon  several  amendments.  You 
have  got  to  limit  this  proposition  here  or  you  oj)en  the  door 
justly,  if  this  amendment  is  admitted,  to  the  admission  of  other 
questions  upon  which  we  are  not  even  agreed  as  to  the  form 
in  which  they  shall  be  submitted, 

Mr.  Brennan  of  Peterborough.  —  1  am  in  sympathy,  Mr.  Presi- 
dent, with  the  idea  that  it  would  be  expedient  for  this  State  to 
adopt  some  mode  other  than  the  one  we  now  have  to  amend  the 
Constitution,  and  that  the  initiative  step,  in  my  opinion,  should 
be  in  the  Legislature,  where  most  States  have  it ;  hence  1  am 
not  in  opposition  to  the  idea  formulated  so  hastily -by  the  gen- 
tlemen from  Concord  and  Jattrey ;  but  1  am  opposed  to  having  it 
presented  in  the  way  it  is,  not  because  it  would  more  con- 
veniently open  the  door  for  amendment.  A  convenient  and  well- 
considered  mode  should  be  adopted.  There  are  many  changes 
for  which  the  door  should  be  open,  and  while  changes  should 
be  made  in  our  Constitution  and  ought  to  receive  our  careful 
consideration,  it  is  very  evident  that  the  delegates  and  voters 
are  in  no  frame  of  mind  during  this  war  to  give  the  important 
questions  such  consideration ;  hence  we  must  cut  the  business 
off  somewhere,  and  1  believe  it  should  be  just  where  this  reso- 
lution cuts  it  off,  and  1  believe  further  that  this  hurriedly  writ- 
ten, haphazard  amendment  to  this  carefully  prepared  resolution 
would  leave  it  in  a  very  poor,  if  not  ludicrous  form.  1  am  not 
able  to  determine  at  the  present  moment  whether  this  sug- 
gested amendment  would  entirely  abolish  the  Constitutional 
Convention  feature  or  make  the  introduction  of  proposed  changes 
in  the  Constituti"on  really  emanate  from  both  a  new  kind  of  a 
Convention  and  the  Legislature.  My  friend,  the  gentleman  from 
Concord,  Mr.  Metcalf,  unfortunately  lost  his  glasses  and  was 
not  prepared  to  put  it  in  form,  and  my  friend,  the  gentleman 
from  Jatfrey,  Mr.  Duncan,  has  come  to  the  rescue  and  helped 
out ;  but  the  form  does  not  satisfy  me.  My  choice  on  the  whole 
would  be  to  extend  the  legislative  power  relative  to*  taxing 
growing  timber  and  adopting  arn  income  tax,  and  then  adjourn 
until  after  the  war ;  but  if  that  cannot  be,  then  I  must  be  con- 
tent to  see  adjournment  without  action  on  any  measure. 

Mr.  Metcalf  of  Concord.  —  I  was  not  proposing  at  this  time  to 
draft  the  amendment  to  the  Constitution  which  I  proposed  should 
be  considered  by  this  Convention.  1  was  simply  offering  an 
amendment  to  Mr.  Lyford's  resolution,  so  that  this  Convention 
could  proceed  to  consider  the  three  amendments  instead  of  two. 
He  says  his  amendments  are  all  ready  to  be  submitted.  The 
amendment  which  1  suggested  is  not  ready  to  be  submitted,  but 


30  JouRXAL  OF  Constitutional  Convention. 

I  want  to  assure  the  gentleman  from  Peter^borough  that  the  in- 
tention which  I  have  in  mind  is  to  get  rid  of  the  fa,rce  of  a 
Constitutional  Convention  absolutely,  and  have  amendments  sub- 
mitted hereafter  by  the  Legislature,  either  by  a  two-thirds  or 
three-fourths  vote,  as  may  be  deemed  expedient  on  considera- 
tion ;  but  I  hope  instead  that  this  business  of  voting  every  seven 
years  by  the  people  of  New  Hampshire  upon  the  question,  "  Is 
it  expedient  to  call  a  Convention  to  revise  the  Constitution?" 
wherq^  not  more  than  one  fourth  of  the  voters  ever  consider  that 
question  at  all,  will  be  got  rid  of ;  and  I  believe  that  is  the  senti- 
ment of  three  fourths  of  the  members  of  this  Convention  here 
today,  that  this  work  should  be  abolished  for  the  future.  Now, 
in  reference  to  the  admission  of  any  number  of  amendments  if 
we  admit  this,  j^ou  don't  preclude  the  admission  of  other  amend- 
ments any  more  by  submitting  two  than  you  do  by  submitting 
three,  and  Brother  Lyford  is  a  man  of  sense  and  he  knows  it. 
Kow,  if  we  adopt  a  resolution  in  this  Convention  in  which  we 
consider  an  amendment  providing  for  the  abolishment  of  Con- 
stitutional Conventions  and  the  submission  in  future  of  all  pro- 
posed amendments  by  proper  vote  of  the  Legislature,  we  get  rid 
of  this  farcical  calling  of  Conventions,  and  we  get  rid  of  this 
Convention  right  away  after  these  three  amendments  are  dis- 
posed of;  and  we  don't  have  to  come  together  again  at  large 
expense  to  the  State,  but  the  Legislature  which  is  in  session 
next  winter  can  consider  any  amendments  that  may  be  deemed 
necessary  and  submit  them  to  the  people  if  they  see  tit. 

Mr.  Brennan  of  PetertorougTi.  —  Will  the  gentleman  permit  a 
question? 

Mr.  Metcalf  of  Concord.  —  Certainly. 

Mr.  Brennan  of  Peterborough.  —  Is  he  in  favor  of  this  amend- 
ment, and  if  he  is  in  favor  of  this  amendment,  does  he  under- 
stand this  amendment  abolishes  Constitutional  Conventions  or 
makes  the  introduction  of  proposed  amendments  concurrent  in 
the  Legislature  and  in  the  House  of  Eepresentatives? 

Mr.  Metcalf  of  Concord.  —  I  would  have  it  absolutely  abolish 
Constitutional  Conventions. 

Mr.  Brennan  of  Peterborough.^ — Are  you  in  favor  of  this 
amendment? 

Mr.  Metcalf  of  Concord.  —  That  amendment  is  really  in  amend- 
ment of  the  proposed  resolution  by  the  gentleman  from  Con- 
cord, Mr.  Lyford. 

Mr.  Varney  of  Rochester.  —  Mr.  President  and  Gentlemen  of 
the  Convention,  I  believe  there  exists  among  the  members  of  this 
Convention  a  very  strong  sentiment,  as  well  as  among  the  people 
of  the  State,  that  this  Convention  should  adjourn  without  taking 


Wednesday,  June  5,  1918.  31 

any  definite  action,  and  I  want  to  say  that  1  am  one  of  that 
number.  At  the  time  the  people  voted  for  a  Constitutional  Con- 
vention this  country  was  at  peace.  No  one  ever  thought  or 
could  foresee  at  that  time  that  when  this  Convention  was  to  be 
held  conditions  would  be  so  uncertain  that  the  people  them- 
selves could  not  focus  attention  on  the  changes  or  proposed 
changes  in  the  Constitution  or  could  foreese  what  conditions  the 
result  of  the  war  would  bring  to  the  people.  Therefore,  at  this 
time  it  seems  to  me  it  would  be  well  for  this  Convention  to- 
express  its  feeling  as  to  whether  it  is  in  favor  of  adjourning 
the  Convention  or  whether  it  proposes  to  stay  here  and  either 
I  consider  one  or  two  proposed  amendments,  or  several ;  and  I 
would  ask  the  privilege  to  offer  an  amendment  to  the  motion, 
of  Mr.  Duncan  of  Jaffrey  to  amend  the  resolution  of  Mr.  Lyford 
of  Concord. 

Mr.  Varney  of  Rochester  offered  the  following  amendment 
to  the  motion  of  Mr.  Duncan  of  Jaffrey,  to  amend  the  resolu- 
tion of  Mr.  Lyford  of  Concord: 

Strike  out  all  of  said  resolution  beginning  with  the  work 
"  Therefore  '^  and  substitute  therefor  the  following : 

Therefore,  in  view  of  these  conditions,  be  it 
Resolved,  That  when  this  Convention  adjourns  today,  it  ad- 
journ to  the  call  of  a  ocimmittee  consisting  of  the  President 
of  this  Convention  and  a  delegate  from  each  county,  to  be 
appointed  by  the  Chair,  a  majority  of  whom  are  hereby  em- 
powered to  issue  such  a  call  for  the  Convention  to  reassemble^ 

Question  being  on  the  motion  of  Mr.  Varney  of  Rochester 
to  amend  the  motion  of  Mr  Duncan  of  Jaffrey,  to  amend  the 
resolution  offered  by  Mr.  Lyford  of  C^oncord,  — 

On  motion  of  Mr.  Hutchins  of  Stratford,  the  Convention 
took  a  recess  of  one  hour. 


32  JouKXAL  OF  Constitutional  Convention. 

AFTER  RECESS. 
Mr.  Varney  of  Rochester  withdrew  his  motion. 

Question  being  on  the  amendment  offered  by  Mr.  Duncan 
of  Jaffrey  to  the  resolution  of  Mr  Lyford  of  Concord,  — 

On  a  viva  voce  vote,  the  amendment  was  not  adopted. 

Question  being  on  the  resolution  of  Mr.  Lyford  of  Con- 
cord, — 

Mr.  Tyng  of  Ashland.  —  It  seems  to  me  that  this  resolution 
is  both  presumptuous  and  time-wasting.  It  is  presumptuous  be- 
cause of  the  implication  that  it  contains  everything  that  is  worth 
while  for  this  Convention  to  pass  upon  immediately;  time-wast- 
ing because  we  have  been  forced  to  talk  about  the  resolution 
instead  of  the  work  we  have  to  do.  There  is  time  enough,  it 
seems  to  me,  for  this  Convention  to  receive  any  amendments 
that  are  offered,  to  have  them  printed,  then  go  on  and  act  upon 
whatever  may  be  immediately  necessary,  and  adjourn  after  pro- 
viding that  the  members  of  the  Convention  may  know  what  they 
are  to  deal  with  when  they  come  together  again. 

Mr.  Doyle  of  Nashua.  —  1  dislike  to  trespass  on  sacred  ground, 
Mr.  President,  — 

The  President.  —  The  gentleman  f roin  Nashua,  Mr.  Doyle,  is 
never  a  trespasser. 

Mr.  Doyle  of  Nashua.  —  Gentlemen  of  the  Convention,  I  will 
take  but  very  little  of  your  time.  I  am  against  the  adoption  of 
the  resolution  submitted  to  you  by  the  gentleman  from  Concord, 
Mr.  Lyford.  1  think  that  if  there  is  anything  to  do  here  we 
ought  to  start  in  and  do  the  whole  of  it ;  start  in  with  the  pro- 
gram and  finish  it,  or  do  what  was  intimated  b}'^  the  resolution 
withdrawn  by  Mr.  Varney,  adjourn  here  and  now.  I  believe 
there  is  no  time  f<or  dickering  with  legislation  or  anything  else. 
Our  time  should  be  used  to  do  what  we  can,  both  Democrats  and 
Eepublicans  alike,  for  our  country  and  our  boys  and  save  them 
and  our  country.  1  guess  the  old  pine  trees  up  north  and  the 
moneyed  men  who  have  invested  in  the  growing  pines  can  s+and 
it  a  little  longer,  but  we  can't  stand  this  terrible  slaughter  for- 
ever. 1  say,  gentlemen,  let's  determine  here  and  now  that  we 
will  adjourn,  and  when  this  terrible  situation  is  over,  and  when 


'  Wednesday,  June  5,  1918.  33 

victory  is  ours,  which  it  will  be,  then  let's  meet  like  men  and 
legislate  in  the  interests  of  our  State ;  and  we  will  have  one 
mind  then,  and  it  will  not  be  distracted  with  this  terrible  con- 
flict acrpss  the  waters,  and  the  trying  to  save  a  few  miserable 
dollars  for  the  pine  growers  of  New  Hampshire 

Mr.  Varney  of  Eochester  offered  the  follwving  amendmenit 
to  the  resolution : 

Strike  out  all  after  the  third  preamble  and  insert  the  fol- 
lowing : 

Therefore,  in  view  of  these  conditions,  be  it 

Resolved,  That  when  this  Convention  adjourns  today,  it  ad- 
journ to  the  call  of  a  committee  consisting  of  the  President 
of  this  Convention  and  a  delegate  from  each  county,  to  be 
appointed  by  the  Chair,  a  majority  of  whom  are  hereby  em- 
powered to  issue  such  a  call  for  the  Convention  to  reassemble. 

Question  being  on  the  amendment  of  Mr.  Varney  of  Eoches- 
ter,— 

Mr.  Ahhe  of  Duhlin.  —  A  few  days  ago  I  received  this  letter 
from  a  friend  of  mine :  "  The  rate  here  a  year  ago  was  $17.50  a 
thousand,  and  the  list^  claimed  all  my  property  as  taxable.  It 
was  $6,000,  including  a  second  mortgage  for  $1,400  on  Melrose 
property  and  two  life  insurance  policies  for  $2,000  each  and  a 
note  for  $600,  I  suppose  by  Vermont  laws  all  this  teas  taxable, 
but  it  involved  a  tax  of  $105,  which  was  a  large  portion  of  my 
$380  income  "  —  twenty-seven  per  cent.  "  All  who  knew  about  it 
agreed  it  was  '  enormous,'  '  outrageous  '  and  '  unjust.'  I  con- 
sulted a  lawyer  at  Bellows  Falls,  and  he  told  me  not  to  pay  the 
tax  until  1  heard  from  him.  This  was  in  the  summer,  and 
although  I  wrote  twice  to  him  about  the  matter,  requesting  him 
to  answer,  I  never  heard  a  single  word.  I  paid  him  a  dollar,  ex- 
pecting, of  course,  to  pay  more  if  he  accomplished  anything,  I 
think  he  didn't  want  to  do  anything  for  fear  of  making  himself 
iinx>opular,  but  he  should  have  told  me  so.  When  tax  day  came  I 
was  very  anxious,  and  at  first  refused  to  pay,  but  when  the  con- 
stable made  me  a  call  one  evening  and  gave  me  palpitation  of 
the  heart  by  his  threats  of  imprisonment,  1  couldn't  hold  out. 


34  JouENAL  OF  Constitutional  Convention. 

Harry  and  Frances  said  1  was  too  old  to  fight!  So  Frances 
borrowed  money  at  the  bank  and  paid  the  tax,  and  1  have  only 
just  begun  to  recover  from  the  loss,  and  I'm  sure  my  health 
suffered  seriously  from  the  long  strain." 

Now,  gentlemen,  the  State  that  is  guilty  of  that  act,  it  seems 
to  me,  so  far  as  cases  like  this  are  concerned,  should  wrap  the 
garments  of  mourning  about  its  body  politic,  and  lament  the 
departure  of  its  own  justice  and  mercy.  But  the  same  thing 
might  happen  in  our  own  State  as  well  as  Vermont.  Our  laws 
permit  just  this  kind  of  thing.  1  presume  fifteen  per  cent  or 
more  is  a  very  common  tax  in  this  State.  Now,  1  say,  while  we 
are  fighting  to  make  the  world  safe  for  democracy,  it  is  only  fair 
and  right  that  we  as  a  body  such  as  this  should  also  seek  to  do 
our  best  to  make  democracy  safe  for  the  State  as  well  as  for 
the  world.  We  should  make  laws  so  we  can  find  relief,  and  we 
can  do  it  now,  and  do  a  great  deal  for  those  left  in  this  State, 
as  well  as  for  our  soldiers  fighting  for  this  cause  across  the  sea. 

Mr.  Hoyt  of  Hanover.  —  1  should  like  to  speak  one  word  here, 
and  I  want  to  speak  in  behalf  of  the  people  of  the  community, 
that  is  the  farmers,  the  laboring  men  and  the  people  of  the 
State.  1  am  not  going  to  say  how  it  is  in  every  part  of  the 
State,  but  1  can  tell  you  how  it  is  in  my  section.  Coming  here 
to  get  sympathy  for  the  hardship  of  the  men  who  own  these 
large  tracts  of  timber  lands  in  the  State,  it  is  a  pretty  hard 
thing  for  them  to  do,  isn't  it?  Why,  in  my  section,  one  man 
owns  about  every  valuable  lot  there  is  around  there,  and  he 
is  so  liberal  that  when  we  go  to  him  and  ask  him  to  sell  us 
plank  for  our  town,  hemlock  plank,  he  charges  us  $37  a  thou- 
sand. He  ought  to  have  his  taxes  reduced,  hadn't  he?  Now, 
while  we  are  all  having  to  sacrifice  here,  there  are  no  people 
in  this  State  sacrificing  any  more  than  the  men  who  are  rais- 
ing the  products  and  trying  to  feed  you  and  trying  to  feed  the 
soldiers  over  across  the  ocean.  The  government  is  paying  such 
prices  for  labor,  six  and  seven  dollars  a  daj^  that  the  farm- 
ers can't  get  help ;  they  are  working  early  and  late  to  raise 
something  to  feed  you,  and  then  to  put  to  them  these  two  propo- 
sitions. Take  it  off  from  the  great  lumber  interests  and  put 
it  on  to  the  farmer.  Why,  all  the  timber  lands  in  this  State 
will  be  bought  up  by  these  men  of  capital.  There  will  be  no 
more  going  back  to  the  farm,  for  you  will  have  to  put  on  this 
property  what  you  take  off  the  rich  man.  That  is  the  thing 
in  a  nutshell.  If  you  want  to  take  from  the  rich  and  put  it 
on  to  the  poor,  let's  do  it,  but  don't  say  you  sympathize  with 
the  man  on  the  farm  who  is  feeding  you.  If  you  do  so,  I  shall 
oppose  it,  however;/ and  although  my  influence  is  not  great.  I 


Wednesday,  June  5,  1918.  35 


want  to  say  to  you  that  not  only  myself  but  the  thirty  thousand 
Grangers  in  this  State  will  oppose  it  to  their  utmost;  every 
farmer  will. 

Mr.  Ayres  of  Franconia.  —  Gentlemen,  I  have  a  word  to  say 
to  farmers.  1  am  a  farmer's  son,  and  have  been  going  in  and 
out  among  you  in  forestry  work  for  sixteen  years.  I  don't  pro- 
pose to  say  anything  that  will  go  back  on  my  father's  occu- 
pation or  the  little  farm  1  own  in  the  town  of  Franconia.  What 
I  want  to  saw  is  this :  If  you  take  away  from  the  town  its  other 
forms  of  taxable  property,  the  burden  falls  back  upon  the  farm ; 
the  farmer  always  gets  the  worst  of  it,  as  a  rule,  in  taxation. 
His  property  is  visible;  the  intangible  property  is  hidden  away 
and  the  timber  is  cut  off,  but  the  farmer's  land  and  his  house 
are  visible  for  taxation.  In  the  interest  of  the  farmer,  I  am 
asking  you  to  see  that  a  system  of  taxation  is  applied  to  the 
forests,  not  to  relieve  them  of  taxation  nor  exempt  them,  but 
to  be  so  applied  that  the  forest,  while  bearing  its  full  burden 
of  taxation,  shall  pay  the  tax  when  the  timber  is  cut,  and  not 
have  to  pay  year  after  year  on  property  upon  which  the  owner 
cannot  realize  until  after  a  long  term  of  years  when  the  tim- 
ber is  cut.  Four  States  have  made  this  arrangement.  It  is  not 
a  new  proposition.  It  is  important  because  sixty-two  per  cent 
of  the  total  land  area  of  our  State  is  woods. 

Eeference  has  been  made  to  the  boys  over  there,  and  that 
because  of  them  we  should  adjourn  this  Convention  without  ac- 
tion. These  men  when  they  come  back  will  say :  "  We  offered 
our  lives  willingly  in  the  service  of  our  Country ;  you  fellows 
came  with  a  chance  to  fix  up  a  bad  civic  condition  and  turned 
your  backs  on  it."  It  seems  to  me  the  boys  can  come  back  and 
spit  in  our  faces,  if  in  this  Convention  we  adjourn  without  doing 
our  duty. 

The  timber  of  New  Hampshire  according  to  the  census  of  1900, 
the  last  to  collect  data  on  timber,  yields  a  gross  annual  product 
of  $16,000,000  a  year;  it  feeds  a  large  part  of  the  population  in 
the  villages  and  valleys ;  it  controls  the  water  flow ;  and  it  is  up 
to  us  to  see  that  it  is  rightly  dealt  with.  Four-fifths  of  all  our 
timber  —  and  I  am  using  the  census  flgures  again  —  f our-fiftns 
of  all  the  timber  in  New  Hampshire  is  in  small  holdings.  I  as  a 
farmer's  son  am  not  here  to  protect  the  big  timber  interests. 
Somebody  has  said  that  everybody  connected  with  the  timber 
business  is  a  millionaire.  Most  of  you  own  timber  lots  and  1 
would  like  to  have  you  hold  up  your  hand  if  you  are  a  million- 
aire. I  don't  see  many  hands.  This  proposed  change  is  in  the 
interest  of  the  small  owner  whose  woodland,  by  a  combination 
of  high  prices  and  high  taxes  is  being  stripped  oft*.  This  com- 
bination threatens  one  of  our  fundamental  resources.    Our  three 


36  JouKNAL  OF  Constitutional  Convention. 

largest  resources  in  JSew  Hampshire  are  our  woods,  our  water 
powers  and  our  soil.  We  have  also  the  granite  quarries.  These 
are  all  the  natural  resources  there  are  in  New  Hampshire.  They 
must  be  protected  and  conserved.  1  urge  you,  gentlemen,  not  to 
let  this  Convention  go  by  without  doing  something  to  change 
the  method  of  taxing  the  small  woodland  owner. 

Mr.  Lee  of  Concord.  —  Mr.  President  and  Members  of  the  Con- 
vention, at  the  last  Legislature  I  happened  to  be  a  member  and 
I  also  was  a  member  of  the  Committee  on  Ways  and  Means,  where 
all  the  questions  of  taxation  are  considered,  and  I  found  that 
last  session,  and  in  fact  in  the  two  sessions  before  it,  the  great 
problem  has  been  in  regard  to  the  taxation  of  growing  timber 
and  intangibles.  It  seems  to  me,  now  we  are  assembled  here  to- 
day, that  something  ought  to  be  done  in  regard  to  regulating 
the  taxes  on  these  two  classes  of  property  mentioned  in  the 
resolution  offered  by  the  gentleman  from  Ward  Four,  Concord.' 
Gentlemen,  during  the  last  session  of  the  house  at  the  hearings 
before  the  Committee  on  Ways  and  Means,  you  would  be  sur- 
prised to  see  the  people  who  came  in,  in  regard  to  the  taxation 
of  growing  timber,  and  you  will  all  have  to  admit  that  when 
it  comes  to  Intangibles  it  is  an  outrage  the  way  people  pay 
taxes  on  them.  As  one  of  the  assessors  of  the  City  of  Concord 
for  a  good  many  years,  I  will  have  to  admit  that  practically  every 
man  who  died  and  was  worth  any  amount  of  money  invested  in 
intangibles,  escaped  taxation.  Look  up  the  records  at  the  regis- 
try of  probate;  that  speaks  for  itself.  Now,  gentlemen,  you 
know  as  well  as  I  do  that  it  is  wrong  for  us  to  have  a  tax 
law  such  as  we  have  at  present,  so  that  men  who  have  their 
money  invested  in  intangibles,  pay  the  rate  they  would  pay 
on  stock-in-trade  and  real  estate  and  other  things  from  which 
they  derive  more  income.  Just  stop  to  think  that  this  year, 
taxes  are  going  to  be  high.  There  is  no  question  about  it.  Con- 
cord's tax  was  $1.85  or  -$1.86  last  year ;  today  \t  is,  I  think, 
about  $2.25,  and  in  every  city  and  town  throughout  the  State 
it  is  going  to  be  the  same  way.  Stop  to  think  of  a  man  with  a 
bond  only  paying  three  and  a  half  or  four  per  cent  interest, 
having  to  pay  $2.25  or  $2.30  out  of  that  for  taxes.  What  has 
been  the  result?  In  my  experience,  for  the  last  twenty  years,  it 
helps  to  make  perjurers  out  of  all  rich  people.  It  is  wrong, 
and  I  tell  you,  gentlemen,  they  have  done  nothing  more  than 
you  or  I  would  do.  You  are  going  to  protect  yourself  first.  You 
are  going  to  see  you  have  bread  and  butter  before  you  give  to 
anybody  else,  and  in  God's  name  let's  pass  an  amendment  to  the 
Constitution  here  today  that  will  relieve  the  people  from  doing 
such  things.    I  have  had  dealings  with  these  people  all  my  life ; 


Wednesday,  June  5,  1918.  37 

there  isn't  a  more  honorable  class  of  people  than  they  are ;  but 
for  God's  sake  give  them  an  opportunity  to  live  in  the  right  way ; 
and  1  say  it  is  wrong  to  go  to  work  and  adjourn  this  Conven- 
tion at  this  time.  If  you  do  pass  an  amendment  to  help  the 
farmer  in  some  way  on  his  growing  timber,  and  the  man  who 
has  intangibles,  give  him  a  chance  to  be  honest  in  his  income 
return  and  in  his  tax.  1  venture  to  say  that  if  you  pass  that 
amendment  the  State  of  New  Hampshire  will  receive  eight  or 
ten  million  dollars  more  in  taxes  than  they  are  receiving  now 
under  the  present  method.  Then  a  man  will  know  just  what  per 
cent  he  has  to  pajs  and  it  will  be  a  just  provision.  As  it  now 
stands,  it  is  wrong.  This  has  been  the  great  question  before  the 
House  for  a  member  of  the  Legislature  and  in"  the  "Ways  hnd 
Means  Committee  for  the  last  three  times  1  have  been  a  mem- 
ber. Now,  gentlemen,  1  hope  before  you  adjourn  that  you  will 
do  somthing  for  the  farmer  and  for  the  man  who  gets  his  income 
from  intangibles.  Let's  pass  an  amendment  to  give  these  men  a 
chance  to  know  what  they  should  pay  and  also  a  chance  to  be 
honest  in  turning  in  their  inventories.  1  hope  before  you  ad- 
journ that  these  two  amendments,  ottered  by  the  gentleman  from 
Concord,  will  be  adopted.  These  are  the  only  things  I  care 
about,  but  if  there  is  anything  else  worth  talking  about,  I  would 
like  to  hear  it,  but  those  are  the  only  two  things  1  ever  heard 
that  amounted  to  anything  while  1  was  in  the  Legislature  for 
three  times  and  for  three  times  a  member  of  the  Committee 
on  Ways  and  Means.  Gentlemen,  1  hope  you  will  pass  these 
two  measures,  because  they  are  deserving  of  it. 

Mr.  Tobey  of  Ternple.  —  1  am  one  of  those  who  take  the  Con- 
vention seriously.  I  do  not  stand  before  you,  Mr.  President,  and 
Gentlemen  of  the  Convention,  to  advocate  any  proposed  measure 
offered  today.  There  is  one  issue  before  us,  as  1  understand  it, 
and  that  is  the  motion  of  the  gentleman  from  Rochester,  Mr.  Var- 
ney,  as  to  whether  or  not  we  shall  as  a  body  of  men  march  up  the 
hill  and  march  down  again,  or  whether  we  shall  do  something, 
like  men  of  New  Hampshire.  It  has  been  told  you  that  we  are 
at  war,  and  the  gentleman  from  Nashua  comes  before  you  and 
volubly  and  with  great  force  tells  you  men  are  dying  over  there 
and  that  slaughter  of  our  boys  is  going  on.  1  submit  to  you  as 
fair  minded  men,  how  many  men  less  will  be  slaughtered  if  you 
and  I  measure  up  to  what  is  expected  of  us  by  our  community 
and  do  something  on  this  job  today,  or  two  or  three  days,  if 
necessary,  and  then  go  home.  We  have  heard  a  good  deal  about 
war  activities,  but  1  say  New  Hampshire  need  not  take  second 
place  to  any  State  in  the  Union.     We  have  a  record  to  be  proud 


38  JouKNAL  OF  Constitutional  Convention. 

of  as  a  State  in  support  of  war  activities.  And  1  want  to  say  to 
you  gentlemen,  that  your  and  my  activities  in  our  respective 
communities  in  the  interest  of  these  great  war  campaigns  are 
not  going  to  suffer  by  our  being  here.  We  stood  for  office,  we 
accepted  office,  and  our  citizens  want  us  to  be  on  the  job  and  do 
something,  if  it  is  the  pleasure  of  this  Conventon  to  die  today, 
I  say  "  Give  it  an  epitaph  for  its  tombstone,"  and  I  know  no 
better  or  more  fitting  epitaph  than  that  which  was  on  the  tomb- 
stone of  a  little  child  who  died  after  living  only  twenty-four 
hours :    "  1  was  so  soon  done  for  what  was  1  begun  for." 

Seriously,  1  am  not  an  advocate  of  any  of  the  things  begun 
here  today.  I  am  not  going  to  take  the  floor  on  those  things  at 
the  present  time,  but  I  do  feel  as  a  New  Hampshire  man  that  you 
and  I  have  a  chance  to  do  a  great  deal  for  the  benefit  of  New 
Hampshire  by  staying  here  on  the  job  to  which  we  were  elected, 
considering  and  acting  on  important  matters  as  expeditiously 
as  may  be  consistent  with  sanity  and  wisdom. 

Mr.  Stone  of  Andover.  —  Just  a  word,  Gentlemen :  I  hardly 
know  "  where  I  am  at."  My  first  impression  was  to  support  the 
resolution  offered  by  the  gentleman  from  Concord,  Mr.  Lyford, 
but  personally  1  believe  the  resolution  offered  by  the  gentleman 
from  Rochester  ought  to  be  adopted  and  that  this  Convention  ad- 
journ without  taking  action  on  any  proposed  amendments.  We 
are  taking  ourselves  too  seriously.  The  last  gentleman  says  we 
came  here  to  do  something  and  that  was  what  the  people  sent  us 
here  for.  Town  after  town  sent  men  here  knowing  they  would 
stop  proposed  amendments  which  they  deemed  entirely  unneces- 
sary. Men  who  have  done  the  best  work  in  the  Legislature  of 
New  Hampshire,  men  like  Gilman  Marston,  who  for  more  than 
twenty  years  was  at  the  head  of  the  Judiciary  Committee,  men 
like  Harry  Bingham,  who  sat  by  his  side,  the  State  of  New 
Hampshire  delights  to  honor  because  they  did  their  duty  in 
stopping  vicious  legislation.  Let  me  say  to  you,  as  I  have  said 
before,  we  have  taken  ourselves  too  seriously.  The  people  of 
New  Hampshire  were  not  greatly  interested  or  desirous  of  hav- 
ing a  Convention  called.  Eghty  nine  thousand,  one  hundred  and 
twenty-seven  men  came  to  the  polls  in  1916  and  cast  their  bal- 
lots, but  only  twenty-one  thousand  felt  interest  enough  in  the 
cal  for  a  Convention  to  vote  for  the  same.  That  was  the  "  great 
interest "  the  people  took !  What  have  we  been  discussing,  any- 
way? We  were  discussing  whether  we  should  pass  the  amend- 
ment relative  to  intangibles  and  wood  and  timber.  That  isn't 
the  question  at  all.  The  question  is  whether,  taking  the  resolu- 
tion of  the  gentleman  from  Concord,  we  shall  adopt  or  reject 
more  than  two  amendments.     Now,  1  don't  own  much  of  any- 


Wednesday,  June  5,  1918.  39 

thing  anyway,  but  I  do  have  a  little  lumber,  and  1  am  perfectly 
willing  to  pay  a  tax;  but  that  is  out  of  the  question  and  has 
nothing  to  do  with  the  matter  under  consideration  —  it  is  simply 
whether  we  shall  take  up  two  proposed  amendments  and  then 
adjourn. 

It  is  much  more  important  that  we  stand  by  the  boys  who 
at  this  very  moment  on  the  battlefields  and  in  the  trenches  are 
giving  their  lives  for  you  and  me.  This  conflict  we  are  engaged 
in  dwarfs  all  others.  1  was  rejoiced  and  1  listened  intently  to 
the  strong  and  patriotic  words  of  our  President.  Are  the  peo- 
ple of  New  Hampshire  in  any  frame  of  mind  to  consider  amend- 
ments that  may  be  proposed?  Go  upon  the  trains,  go  anywhere, 
see  the  little  boys,  see  the  little  girls  working,  women  knitting, 
and  we  staying  here  to  discuss  whether  we  will  save  a  pine  tree 
or  not?  The  last  gentleman  said  the  boys  would  come  home  and 
ask  us  what  have  you  been  doing?  Let  us  see?  1  happen,  un- 
fortunately for  my  business,  to  be  a  member  of  a  draft  board, 
and  the  government  instructs  us  to  even  defer  sending  boys  who 
are  engaged  in  agricultural  work  who  went  to  Camp  Devens  in 
September  and  have  been  in  training  five  months,  and  they 
have  been  given  furloughs  for  the  summer  in  order  that  they 
might  work  on  farms ;  and  it  seems  to  me  if  we  continue  here 
we  will  simply  fritter  away  our  time  to  no  purpose  after  the 
manner  of  the  recent  and  still  continuing  Massachusetts  Consti- 
tutional Convention. 

The  people  of  New  Hampshire  are  interested  in  other  and  more 
vital  things  than  amendments  to  our  Constitution,  and  will  not 
give  amendments  that  we  may  submit  their  attention.  Why 
then  should  we  go  on,  thrash  out  and  put  forward  amendments 
and  have  them  rejected  at  the  polls?  I  trust  we  will  go  home 
soon.     Personally  1  think  we  ought  to, go  this  afternoon. 

Mr.  Emerson  of  Milford.  —  Gentlemen,  it  looks  to  me  as  if  we 
are  going  far  afield  in  the  consideration  of  the  question  before 
us.  If  1  understand  the  question  before  us  correctly  %  it  is,  first, 
shall  we  vote  immediately  to  adjourn  and  go  honje  and  quit, 
leaving  a  committee  of  the  President  and  ten  other  members  to 
decide  whether  at  a  later  date  we  shall  be  called  back  for  fur- 
ther business.  That  is  the  proposition  of  the  gentleman  from 
Rochester,  as  1  understand  it.  The  second  proposition  is  the 
proposition  of  the  gentleman  from  Concord  that  we  consider  two 
qu^tions  and  then  quit,  quit  possibly  this  afternoon,  quit  prob- 
ably tomorrow,  with  two  questions  for  the  people  to  consider, 
that  they  have  already  considered  in  time  past  very  carefully, 
one  of  which  at  least  was  acted  upon  by  the  last  Constitutional 
Convention  and    on  which  the  people  at   the  polls  cast   a  large 


40  JouRi^AL  OF  Constitutional  Convention. 

majority  of  votes  in  the  aliirmative,  sliowiAg  that  the  people 
were  interested;  if  the  question  had  received  just  a  little  more 
discussion  before  the  people,  it  is  my  confident  belief  that  the 
people  would  have  approved  of  the  amendment  to  the  Constitu- 
tion providing  that  the  Legislature  might  classify  timber  dif- 
ferently from  other  property.  The  question  is  not  a  specific  ques- 
tion of  taxation  here ;  the  question  is,  do  we  believe  in  allowing 
the  Legislature  a  free  hand  to  deal  with  this  problem;  that  is 
the  question.  It  isn't  this  or  that  method  of  taxation.  There 
is  no  one  here,  so  far  as  I  know,  who  is  advocating  allowing 
standing  timber  to  escape  any  part  of  its  just  burden  of  taxa- 
tion. There  is  a  considerable  belief  that  the  proper  time  to  tax 
timber  is  when  you  tax  other  things,  when  the  crop  is  harvested. 
I  for  one  don't  believe  that  any  tree  should  escape  its  just  share 
of  taxation,  but  1  do  believe  that  it  is  a  crime  against  the  best 
interests  of  this  State  to  tax  standing  timber  before  it  is  ripe. 
But  I  am  not  here  to  discuss  that  question ;  that  question  will 
come  up  after  these  other  two  questions  which  I  have  tried  to 
outline  to  you  are  determined ;  first,  shall  we  immediately  and 
now  adjourn?  On  that  question,  1  vote  no;  and  then  on  the 
question  Shall  we  consider  the  two  questions  which  have  been 
carefully  considered  by  the  people  and  on  one  of  which  at  least 
the  people  have  passed  an  affirmative  judgment  by  a  majority 
vote?     On  that  question,  1  vote  yes. 

Now  then  if  going  home  right  this  minute  would  bring  back 
those  boys  that  have  gone  to  France,  your  sons  and  my  sons,  I 
would  vote  yes ;  but  it  won't  do  it  and  we  might  just  as  well 
face  these  problems.  Personally  1  for  one  am  not  disposed  to 
stay  here  and  listen,  to  unlimited  discussion  on  a  lot  of  these 
questions,  but  1  am  disposed  to  pass,  if  we  can,  on  those  two 
questions  which  have  received  considerable  discussion  on  the 
part  of  the  people  and  upon  which  most  of  you  yourselves 
have  your  minds  made  up. 

Mr.  Lyford  of  Concord.  —  Mr.  President,  just  a  single  word. 
The  gentleman  from  Milford  has  brought  us  back  to  the  ques- 
tion before  us.  1  have  not  indicated  in  any  way  how  I  stand 
on  either  of  the  propositions  that  will  be  discussed  and  consid- 
ered here  if  mj^  resolution  is  adopted.  This  is  merely  to  give 
an  opportunity  to  consider  these  propositions.  Now,  the  amend- 
ment, the  substitute  amendment  of  the  gentleman  from  Roches- 
ter, Mr,  Yarney,  is  unnecessary,  because  if  this  resolution^  of 
mine  is  adopted,  it  does  not  bind  this  Convention  in  favor  of  or 
against  either  one  of  these  propositions.  There  are  no  amend- 
ments to  the  Constitution  in  my  resolution,  and  when  an  amend- 
ment   is    offered,    say    for    instance,    to    classify    growing    wood 


Wednesday,  June  5,  1918.  41 

and  timber  for  the  purpose  of  taxation,  it  is  in  order  for  the 
gentleman  from  Rochester  to  move  to  indefinitely  postpone; 
that  is  a  debatable  motion,  and  you  can  then  debate  the  merits 
of  the  question,  and  if  this  Convention  votes  to  indefinitely  post- 
pone, that  ends  that  proposition,  and  if  one  proposition  is  ended 
that  way,  the  other  will  undoubtedly  follow.  You  have  got  no 
concrete  proposition  here  to  discuss.  The  discussion  has  wan- 
dered far  afield,  but  it  is  brought  back  by  the  gentleman  from 
Milford.  It  is  whether  you  will  vote  immediately  to  adjourn 
or  whether  you  will  vote  for  the  resolution  that  I  offered,  which 
gives  an  opportunity  to  consider  these  questions,  which  you 
can  reject  as  a  Convention,  if  you  then  see  fit. 

Mr.  Metcalf  of  Concord.  —  This  Convention  has  something  to  do 
or  it  has  nothing  to  do.  If  it  has  nothing  to  do,  it  should  ad- 
journ at  once,  sine  die,  and  go  home.  If  there  is  something  that 
has  to  be  done,  it  should  be  done  and  submitted  to  the  people. 
The  argument  against  submitting  any  amendment  to  the  people 
at  this  time  is  that  we  are  in  war,  and  that  consequently  we  can- 
not consider  properly  anything  of  this  sort ;  that  our  minds  must 
be  entirely  taken  up  with  this  great  question  of  the  war.  Mr. 
Doyle  of  Nashua  put  this  in  very  strong  words,  and  Mr.  Stone 
of  Andover.  Now  it  is  true  that  we  are  at  war.  It  is  true  we 
want  to  do  all  in  our  power  to  win  this  war ;  but  1  notice  Brother 
Doyle  goes  on  trying  cases  in  Court  just  as  before,  and  I  notice 
the  Courts  are  in  session  just  the  same  as  before.  It  Is  sug- 
gested that  we  canont  properly  consider  these  questions ;  but  look 
here,  gentlemen,  more  questions  are  going  to  be  before  us.  We 
have  to  consider  the  qualifications  of  the  candidates  for  United 
States  Senator,  and  Mr.  Lyford  of  Concord  agrees  he  is  infinitely 
better  qualified  than  any  of  the  four  now  in  the  field  for  the 
job ;  and  the  people  are  asked  to  consider  this  question,  and  they 
will  have  to  consider  it  before  long,  and  then  we  have  to  consider 
a  candidate  on  the  Democratic  side ;  we  have  to  determine  "  what 
in  thunder  "  we  will  do  if  Hollis  gets  out ;  that  has  to  be  con- 
sidered. Then  we  have  to  nominate  candidates  for  Congress- 
men and  Governor  and  all  such  oliicers,  and  the  attention  of  the 
people  is  going  to  be  taken  up  by  those  things,  and  there  has  to 
be  an  election,  and  the  people  will  meet  in  the  voting  places  and 
consider  which  of  the  candidates  presented  are  best  qualified  for 
the  job,  and  vote  accordingly.  Now  do  you  pretend  to  say,  gen- 
tlemen of  this  Convention,  that  if  one  or  two  important  amend- 
ments, with  which  the  people  are  familiar,  were  submitted  at 
that  time  that  they  cannot  consider  and  act  upon  them  intelli- 
gently?    I  think  to  put  that  proposition  up  to  you  is  nonsense. 


42  Journal  of  Constitutional  Convention. 

Mr.  Howe  of  Concord.  —  Mr.  President,  what  would  be  the  fair 
thing  to  do  under  all  the  circumstances?  There  are  various  pro- 
jects here.  Different  people  are  interested  in  different  ones  of 
these  projects  ^  that  is  sufficiently  apparent.  The  timber  people 
are  interested  in  the  timber  project ;  the  people  holding  intangi- 
bles in  the  taxation  of  intangibles.  Some  people  are  interested 
in  the  initiative  and  referendum.  Other  people,  it  has  been  sug- 
gested, are  interested  in  the  project  of  the  election  of  judges 
by  the  people.  1  might  go  on  indetinitely.  It  is  known  that  an- 
other measure  in  which  there  is  public  interest  is  the  pensioning 
of  our  retired  judges.  Now  under  the  circumstances  what  would 
be  the  fair  thing  to  do?  Are  we  satisfied  that  the  timber  people 
and  the  intangible  people  have  the  only  issues  that  are  worth 
considering?  They  say  they  have,  and  that  we  ought  to  side- 
track everything  else  and  deal  with  their  matters  and  then 
go  home  and  that  the  people  who  are  interested  in  the  other 
matters  should  be  satisfied  with  that  program.  Now  is  that  so? 
I  want  to  submit  to  you,  Mr.  President,  that  the  fair  thing  to  do, 
the  right  thing  for  us  to  do  is  to  take  either  one  of  two  courses : 
either  stay  here  and  deal  with  every  project  that  comes  legiti- 
mately before  this  Convention,  or  deaJ  with  none.  Treat  the 
timber  people  fairly  ;  the  intangible  people  fairly ;  the  initiative 
and  referendum  people  and  all  the  others  fairly ;  give  them  the 
time  they  ought  to  have,  —  it  will  take  a  month,  no  doubt  about 
that.  Take  that  course  and  you  will  be  fair  to  everybody,  or  else 
not  select  one  or  two  of  these  projects,  deal  with  them  and  let 
the  other  people  wait.  Now  there  is  one  more  thing  I  want  to 
suggest  for  your  consideration.  It  has  appeared  in  the  discus- 
sion which  has  been  had  here  today  that  there  is  a  grave  sus- 
picion in  the  minds  of  many  people  that  back  of  the  timber  pro- 
ject stand  the  millionairs  timber  owners.  1  don't  know  whether 
that  is  true  or  not ;  but  there  is  that  suspicion.  Now,  gentlemen, 
just  recently  the  people  of  New  Hampshire  voted  on  this.  This 
very  question  was  submitted  to  them ;  it  failed  to  carry ;  the 
people  voted  against  it.  Conditions  have  changed  to  some  ex- 
tent since  that  vote  was  taken.  A  certain  proportion  of  our 
voters  who  were  here  and  voted  then  are  across  the  water  now. 
Will  those  boys,  those  who  return,  feel  that  you  have  treated 
them  fairly  if  you  have  put  through  your  timber  proposition 
and  your  intangible  proposition  Avhen  they  were  absent  in  France 
and  could  not  vote  upon  it? 

Mr.  Clement  of  Warren.  —  One  point  has  been  brought  up  here 
twice  today,  that  was  in  regard  to  this  question  being  sub- 
mitted from  the  last  Constitutional  Convention.  Gentlemen, 
these    two   questions,   the    exemption   of    growing   timber    from 


Wednesday,  June  5,  1918.  43 

taxation  and  the  question  of  taxation  of  intangibles,  were  linked 
up  together,  and  one  killed  the  other.  That  is  why  the  grow- 
ing timber  was  not  exempted,  because  they  embodied  the  two 
together,  made  them  sink  and  swim  together,  and  the  result  was 
exactly  what  1  predicted,  they  were  both  defeated.  Now  you 
have  a  State  Forester  here  and  a  State  Forestry  Association 
who  are  not  interested  in  any  millionaires.  They  have  made  a 
study  of  this  question  for  years.  They  have  done  something. 
Are  you  going  to  be  slackers?  Aren't  you  going  to  consider 
the  preservation  of  the  resources  of  your  State?  Haven't  we 
been  told  repeatedly  it  behooves  us  to  conserve  at  home,  to  do 
our  own  duty  in  conservation  of  our  resources,  when  our  sol- 
diers in  Europe  depend  on  them?    Are  we  quitters? 

Mr.  Hayden  of  Hollis.  —  We  have  been  told  this  afternoon  we 
are  in  a  great  war  at  the  present  time.  We  were  in  a  great  war 
in  '61.  I  was  there  myself,  and  1  know  something  about  it. 
At  that  time  we  faced  the  front  and  obeyed  orders,  and  now 
don't  be  slackers ;  don't  go  to  the  rear ;  face  the  front  if  the 
bullets  do  come ;  we  are  here  to  do  business  and  let's  do  it. 

Mr.  Duffy  of  Franklin.  —  I  would  like  to  ask  a  question  for  in- 
formation. If  this  motion  prevails,  as  I  understand  it,  it  does 
not  preclude  the  possibility  of  taking  up  the  two  sul^jects  men- 
tioned in  the  resolution  of  the  gentleman  from  Concord,  Mr. 
Lyford. 

The  President.  —  I  should  say  it  does  preclude  it.  The  Chair 
understands  that  the  question  is  now  upon  the  amendment 
offered  by  the  gentleman  from  Rochester,  Mr.  Varney,  which  I 
have  just  read.  If  that  resolution  is  adopted,  it  seems  to  the 
Chair  that  the  taxation  amendments  must  fail,  unless  they  are 
submitted  before  we  adjourn  today. 

Mr.  Varney  of  Rochester.  —  I  want  to  say  in  regard  to  this 
amendment  which  I  have  offered  that  at  the  time  1  was  asked  to 
be  a  member  of  this  Convention,  I  stated  to  the  people  in  my 
ward  that  I  would  go  under  one  condition,  and  that  condition 
was  that  if  I  was  elected,  I  would  present  to  the  Convention  a 
resolution  asking  for  immediate  adjournment,  and  1  have  car- 
ried out  the  promise  which  I  made  my  constituents  at  that  time. 
Moreover,  I  have  not  changed  my  opinion  since  the  time  1  was 
elected.  I  have  not  had  cold  feet  within  the  last  week  or  two 
and  changed  my  mind.  I  still  believe  it  is  for  the  interest  of 
the  State  of  New  Hampshire  and  that  there  is  a  sufficient  sen- 
timent among  the  people  of  the  State  that  this  Convention  shall 
adjourn  until  such  time  as  conditions  may  be  settled  after  the 
war,  in  order  that  we  may  determine  just  what  is  needed.  We 
cannot  vote  intelligently  upon  any  amendments  that  may  be 


44    Journal  of  Constitutional  Convention. 

proposed  at  this  time.  Who  can  tell  what  we  shall  need  in  a 
year  or  two  in  the  way  of  taxation  as  the  result  of  this  war? 
Who  can  tell  how  soon  the  war  is  to  terminate?  If  1  could  be 
informed  as  to  the  length  of  the  war  and  the  conditions  that 
would  prevail  at  that  time,  I  feel  then  I  would  be  able  in  a 
measure  to  consider  these  resolutions  which  are  offered,  intelli- 
gently. I  do  not  feel,  Mr.  President  and  Gentlemen,  that  in  tak- 
ing the  stand  which  1  do  in  offering  this  amendment  that  I  am  in 
any  way  a  slacker  in  the  duty  which  is  imposed  upon  me  and  I 
do  not  feel  that  the  people  of  the  State  of  New  Hampshire  will 
regard  it  as  such. 

Mr.  Wright  of  Sanhornton.  —  I  rise  to  inquire,  if  1  may  —  to 
see  if  I  understand  the  question.  Those  who  desire  an  immediate 
adjournment,  without  considering  further  any  questions  should 
vote  jes  on  this  amendment? 

The  President.  —  TYiey  should  vote  in  the  aliirmative,  yes. 

Mr.  Wright  of  Sanhornton.  —  And  those  who  desire  an  oppor- 
tunity to  consider  the  propositions  should  vote  no? 

The  President.  —  I  should  say  so. 

Mr.  L^^ord  of  Concord,  called  for  a  division. 

The  President  appointed  the  following-named  gentlemen 
to  act  as  tellers  in  the  taking  of  the  division : 

Division  1.  Mr.  Patterson  of  Concord. 

Division  2.  Mr.  Wright  of  Sanbornton.  . 

Division  3.  Mr.  Norwood  of  Keene. 

Division  4.  Mr.  French  of  Moultonborough. 

Division  5.  Mr.  Sanders  of  Derry. 

Division  being  had  it  was  declared  manifestly  in  the  nega- 
tive. 

Question  being  on  the  resolution  of  Mr.  Lyford  of  Con- 
cord, — 

Mr.  Pike  of  Lisbon.  —  Gentlemen,  it  seems  we  have  decided  to 
stay  here  and  go  to  work ;  now  let  us  do  it.  This  is  supposed  to 
be  a  democratic  organization  and  don't  let  us  have  any  vsnrangle, 
but  let  us  all  have  a  chance  to  put  our  measures  in,  thrash  them 
out  and  stay  until  we  get  through  and  go  home. 


Wednesday,  June  5,  1918.  45 

Mr.  L}i'oTd  of  Concord  called  for  a  division. 

Mr.  Upton  of  Bow  offered  the  following  amendment  to  the 
resolution  of  Mr.  Lyford  of  Concord. 

Strike  out  all  after  the  word  "Resolved"  and  before  the 
words  "  and  that  when  "  and  substitute  in  place  thereof  the 
words,  "  That  this  Convention  proceed  to  consider  the  revision 
or  amendment  of  the  Constitution  in  respect  to  taxation/'  so 
that  the  same  as  amended  shall  read  as  follows : 

Resolved,  That  this  Convention  proceed  to  consider  the  re- 
vision or  amendment  of  the  Constitution  in  respect  to  taxa- 
tion, and  that  when  action  on  these  amendments  has  been 
taken  the  Convention  adjourn,  subject  to  the  call  of  a  com- 
mittee, consisting  of  the  President  of  this  Conventioij  and  one 
delegate  from  each  county,  to  be  appointed  by  the  Chair,  a  ma- 
jority of  whom  are  hereby  empowered  to  issue  a  call  for  the 
Convention  to  reassemble. 

Question  being  on  the  amendment  offered  by  Mr.  Upton  of 
Bow, — 

Mr.  Lyford  of  Concord  accepted  the  amendment  offered  by 
Mr.  Upton  of  Bow. 

Question  being  on  the  resolution  of  Mr.  Lyford  of  Concord, 
as  amended,— 

Mr.  Pike  of  Lisbon,  moved  to  indefinitely  postpone  the  reso- 
lution of  Mr.  Lyford  of  Concord,  as  amended. 

Question  being  on  the  motion  of  Mr  Pike  of  Lisbon,  — 

Mr.  Lyford  of  Concord  called  for  a  division. 

Mr.  Streeter  of  Concord.  —  Does  the  amendment  of  Mr.  Upton 
of  Bow  leave  the  resolution  of  Mr.  Lyford  inconsistent?  I  don't 
quite  see  it.  Mr.  Lyford's  resolution  was  in  substance  that  we 
take  up  only  two  propositions.    Now  he  has  accepted  an  amend- 


46  Journal  of  Constitutional  .Convention. 

ment  that  we  proceed  to  take  up  one.     Will  the  Chair  state  the 
question  so  we  will  understand  it? 

Mr.  Lyford  of  Concord.  —  If  I  may  be^pardoned  a  word,  I  think 
I  misunderstood  the  amendment  ottered,  i  understood  it  was  to 
be  limited  to  the  question  of  taxation,  and  upon  reading  it,  I 
must  decline  to  accept  the  amendment,  and  if  I  may,  I  withdraw 
my  acceptance. 

Mr.  Duncan  of  Jaffrey.  —  Am  I  to  understand  that  the  question 
is  upon  the  motion  of  the  gentleman  from  Lisbon  to  indefi- 
nitely postpone?  Isn't  that  the  question  before  the  Convention 
at  the  present  time? 

Mr.  tStone  of  Andover.  —  1  ask  the  pardon  of  the  Convention 
for  taking  up  another  minute  if  its  time.  Possibly,  it  occurs  to 
me,  there  is  a  misapprehension  here.  It  appears  some  of  you  in 
the  discussion  were  opposed  and  some  in  favor  of  the  lumber  and 
intangible  propositions ;  those  questions  we  are  not  taking  up 
now.  I  want  to  say  personally  that  while  I  shall  support  the 
motion  of  Mr.  Lyford,  1  may  vote  against  these  amendments. 

Mr.  Lee  of  Concord.  —  The  people  who  are  going  to  get  the  ben- 
efit, so  far  as  intangibles  are  concerned,  are  the  poorer  class  of 
people,  the  farmer  and  the  man  who  owns  his  little  home  and 
everything  like  that,  and  it  will  make  the  rich  fellow  pay  his 
proportion  of  the  taxation,  which  today  he  isn't  paying.  They 
tell  me  that  in  Massachusetts,  where  they  formerly  got  about 
one-fifth  of  them,  they  are  now  getting  very  nearly  three-fourths. 
I  do  think  it  will  be  a  good  thing,  because  you  can't  blame 
them  today  for  not  handing  it  in.  The  tax  is  wrong.  You 
can't  expect  them  to  be  honest  about  it,  but  you  can  fix  it  so 
they  can  be  honest. 

Mr.  Pike  of  Lishon.  —  I  would  like  to  ask  a  question.  As  I  un- 
derstand the  parliamentary  situation,  on  my  motion  to  indefi- 
nitely postpone,  it  disposes  of  the  Lyford  resolution  and  leaves 
this  Convention  free  to  act. 

Mr.  Li/ ford  of  Concord.  —  I  think  I  understand  the  resolution 
right.  I  was  in  doubt  when  my  attention  was  called  to  it,  but 
I  accept  the  amendment  of  Mr.  Upton.  - 

Division  being  had,  166  gentlemen  having  voted  in  the 
affirmative  and  149  gentlemen  having  voted  in  the  negative, 
the  motion  of  Mr.  Pike  of  Lisbon  to  indefinitely  postpone 
prevailed. 

Mr.  Quimby  of  Concord,  for  the  Committee  on  Permanent 


Wednesday,  June  5,  1918.  47 

Organization   reported,   recommending  the   following-named 
persons  for  the  several  offices: 

Chaplain,  Rev.  Archibald  Black  of  Ctyncord. 

Sergeant-at-Arms,  Walter  J.  A.  Ward  of  Hillsborough. 

Doorkeepers,  Gruy  S.  Neal  of  Acworth,  George  Lawrence 
of  Manchester,  Albert  P.  Davis  of  Concord,  and  Edward  K. 
Webster  of  Concord. 

Warden  of  Coat  Room,  George  Goodhue  of  Concord. 

x\issistant  Warden  of  the  Coat  Room,  John  C.  O'Hare  of 
Nashua. 

Messenger,  Frank  L.  Aldrich  of  Manchester. 

Official  Stenographer,  Miss  Margaret  A.  Conway  of  Con- 
cord. 

Assistant  Stenographer,  Miss  Bertha  Goodwin  of  Newport. 

The  report  was  accepted  and  the  recommendations  were 
adopted. 

The  committee  also  recommended  the  election  of  Joseph  H. 
Lane  of  Concord  and  Waller  Pillsbury  of  Derry  to  serve  as 
pages  during  the  Convention. 

The  recommendation  of  the  Committee  was  adopted. 

Mr.  Gibson  of  Conway,  for  the  Committee  on  Rules  and 
Methods  of  Procedure,  submitted  the  following  report: 

Rules  of  the  Convention. 

1.  The  President  shall  take  the  chair  at  precisely  the  hour 
to  which  the  Convention  shall  have  adjourned,  shall  immedi- 
ately call  the  members  to  order,  and  at  the  commencement 
of  each  daLj^s  session  shall  cause  the  journal  of  the  preceding 
day  to  be  read.  He  shall  preserve  decorum  and  order,  and 
may  speak  on  points  of  order  in  preference  to  other  members, 
and  may  substitute  any  member  to  perform  the  duties  of  the 
Chair. 


48  Journal  of  Constitutional  Convention. 

2.  A  majority  of  all  the  memibers  of  the  Convention  shall 
constitute  a  quorum. 

3.  All  committees  shall  be  appointed  by  the  President, 
unless  otherwise  directed  by  the  Convention;  and  the  first- 
named  member  of  any  committee  appointed  by  the  President 
shall  be  chairman. 

4.  No  person  but  the  members  and  officers  of  the  Conven- 
tion shall  be  admitted  within  the  chamber  unless  by  invitation 
of  the  President  or  order  of  the  Convention. 

5.  No  member  shall  speak  more  than  twice  to  the  same 
question  without  leave  of  the  Convention. 

6.  When  any  question  is  under  debate  no  motion  shall  be 
received  but,  first,  to  adjourn;  second,  to  lay  on  the  table; 
third,  to  postpone  to  a  day  certain ;  fourth,  to  commit ;  fifth, 
to  amend  —  which  several  motions  shall  take  precedence  in 
the  order  in  which  they  are  arranged.  Motions  to  adjourn 
and  lay  on  the  table  shall  be  decided  without  debate. 

7.  Any  member  may  call  for  a  division  of  the  question, 
when  the  sense  wdll  admit  of  it ;  but  a  motion  to  strike  out  and 
insert  shall  not  be  divided. 

8.  A  motion  for  commitment,  until  it  is  decided,  shall  pre- 
cede all  amendments  to  the  main  question;  and  all  motions 
and  reports  may  be  committed  at  the  pleasure  of  the  Conven- 
tion. 

9.  No  vote  shall,  be  reconsidered  unless  the  motion  for 
reconsideration  be  made  by  a  member  who  voted  with  the 
majority. 

10'.  Every  question  shall  be  decided  by  yeas  and  nays  when- 
ever a  demand  for  the  same  shall  be  made  and  sustained  by 
at  least  ten  members,  and  any  member  may  demand  a  di- 
vision. 

11.  The  Convention  may  resolve  itself  into  a  Committee 
of  the  Whole  at  any  time  on  the  motion  of  a  member;  and, 
in  forming  a  Committee  of  the  Whole,  the  President  shall 
leave  the  chair  and  appoint  a  chairman  to  preside  in  Com- 
mittee; and  the  rules  of  proceeding  in  Convention  shall  be 
observed  in  Committee  of  the  Whole,  except  the  rule  limiting 


Wednesday,  June  5,  1918.  49 

the  times  of  speaking  and  the  rule  relating  to  calls  for  the  yeas, 
and  nays. 

12.  After  the  jonrnal  has  been  read  and  corrected,  the 
order  of  business  shall  be  as  follows:  First,  the  presentation 
of  resolutions  and  petitions;  second,  the  reports  of  commit- 
tees ;  third,  any  special  order  for  the  hour ;  fourth,  the  unfin- 
ished business  of  the  preceding  day. 

13.  All  motions  and  resolutions  proposing  any  amend- 
ment to  the  Constitution  shall  be  offered  in  writing,  and  be 
read  by  the  Secretary  for  the  information  of  the  Convention, 
when,  unless  rejected  or  otherwise  disposed  of,  shall  be  re- 
ferred to  an  appropriate  committee,  w^ho  shall  examine  and 
report  thereon  to  the  Convention,  with  such  recommendations 
as  they  may  deem  ad*\asable.  No  proposition  for  an  amend- 
ment shall  be  received  after  Tuesday,  June  11,  1918,  unless 
by  unanimous  consent  of  the  Convention  or  upon  the  recom- 
mendation of  a  standing  comimittee. 

14.  There  shall  be  appointed  by  the  President  eight  com- 
mittees; consisting  of  twenty  members  each,  and  each  county 
shall  be  represented  thereon.  Said  committees  shall  be  on  the 
following  subjects,  viz. : 

( 1 )  On  Bill  of  Eights  and  Executive  Department. 

(2)  On  Legislative  Department. 

(3)  On  Judicial  Department. 

(4)  On  Future  Mode  of  Amending  the  Constitution,  and 

other  Proposed-  Amendments. 

(5)  On  Time  and  Mode  of  Submitting  to  the  People  the 

Amendments  Agreed  to  by  the  Convention. 

(6)  On  Finance. 

(7)  On  Elections. 

(8)  On  Journal. 

15.  All  resolutions  providing  for  amendments  to  the  Con- 
stitution introduced  shall  be  laid  upon  the  table  and  printed 
before  reference  to  committee^",  and  the  same  shall  be  dis- 
tributed to  the  delegates. 


50 


Journal  of  Constitutional  Convention. 


On  motion  of  Mr.  Gibson  of  Conway,  the  report  was  ac- 
cepted and  the  rules  were  adopted  as  the  rules  of  the  Conven- 
tion. 

Committee  Assignments. 

The  President  announced  the  following  standing  commit- 
tees : 

ON  finance. 


French  of  Moultonborough. 
Wight  of  Berlin. 
Welch  of  Dover. 
Bates  of  Exeter. 
Pariseau  of  Manchester. 
Hill  of  Plaistow. 
Brown  of  Hampton. 
Davis  of  Hopkinton. 
Locke  of  Laconia. 
Waterman  of  Lebanon. 


Emerson  of  Manchester. 
Laberge  of  Manchester. 
Cater  of  Portsmouth. 
Dame  of  Newport. 
Hayford  of  Newton. 
McElroy  of  Manchester. 
Shaw  of  Salisbury. 
Dillingham  of  Eoxbury. 
Worthen  of  Manchester. 
Spalding  of  Stoddard. 


ON  JOURNAL. 


Tobey  of  Temple. 
Veazie  of  Littleton. 
Emerson  of  Hampstead. 
McDaniel  of  Nottingham. 
Hurd  of  Dover. 
Knox  of  Madbury. 
Chase  (A.  H.)  of  Concord. 
Shaw  of  Chichester. 
Greer  of  Goffstown. 
Dickinson  of  Winchester. 


Faulkner  of  Swanzey. 
Beal  of  Plymouth. 
Hancock  of  Milan. 
Pound  of  Wolfeboro. 
Clark  of  Nashua. 
Frye  of  Wilton. 
True  of  Plainfield.    . 
Perkins  of  Laconia. 
Dionne,  Jr.,  of  Nashua. 
Rogers  of  Newport. 


Mr.  Varney  of  Rochester  offered  the  following  resolution: 

Whereas,  The  unsettled  conditions,  existing  because  of  the 
present  world  war,  make  it  impossible  to  determine  what 


Wednesday,  June  5,  1918.  51 

changes,  if  any,  are  to  be  needed  in  our  State  Constitution, 
be  it 

Resolved,  That  this  Convention  do  now  adjourn  "subject  to 
the  call  of  the  President  and  a  committee  of  ten,  composed 
of  one  from  each  county  to  be  appointed  by  the  President,  a 
majority  of  whom  shall  be  a  quorum. 

Question  being  on  the  resolution  of  Mr.  Varney  of  Eoches- 
ter, — 

Mr.  Lewis  of  Amherst.  —  I  sincerely  hope  that  this  motion  will 
not  prevail.  It  is  simply  the  same  old  sheep  with  a  new  coat 
on  it.  It  is  surprising  that  some  men  who  say  that  they  haven't 
time  to  stay  here  long  enough  to  consider  the  necessary  busi- 
ness of  the  State,  seem  to  have  plenty  of  time  to  employ  filibus- 
tering methods  in  order  to  prevent  the  other  members  of  the 
Constitutional  Convention  from  doing  the  State's  business.  Some 
other  nations  have  been  given  credit  for  inventing  camouflage, 
but  if  our  boys  at  the  front  were  as  abundantly  supplied  with 
guns  and  munitions  as  we  have  been  supplied  here  with  camou- 
flage, they  would  surely  win  the  war. 

We  are  here  to  do  business,  and  I,  for  one  believe  we  ought 
to  do  it.  One  gentleman  has  stood  before  us  and  said  that  he 
was  elected,  pledged  to  come  here  and  move  that  this  Conven- 
tion be  adjourned  without  action.  1  am  perfectly  willing  that  all 
the  men  who  were  thus  pledged,  and  who  were  elected  on  that 
platform  shall  vote  accordingly,  but  1  call  upon  every  man  who 
accepted  this  oflice  with  the  distinct  pledge  that  he  would  come 
here  and  help  transact  the  necessary  business  of  this  State,  to 
vote  to  stay  on  the  job  until  our  work  is  done. 

Mr.  Pillsbury  of  Londonderry.  —  Gentlemen  of  the  Convention: 
I  did  not  plan  to  take  part  in  these  proceedings,  but  when  a  man 
comes  in  here  with  dilatory  tactics,  who  came  here  by  his  own 
confession  to  see  that  this  Convention  did  no  business  and  that 
the  rest  of  us  sent  here  in  order  to  carry  out  the  instructions  ot 
our  constituents,  to  come  here  and  transact  business,  should  do 
nothing,  I  say  it  is  time  for  the  people  of  this  State  to  say  to 
that  gentleman :  *'  You  do  business  for  your  ward,  but  we  are 
doing  it  for  the  State  of  New  Hampshire."  There  has  been  con- 
certed action  by  several  interests  in  this  State  to  see  that  noth- 
ing was  done  in  this  Convention,  and  it  has  been  peddled  over 
the  State  for  more  than  three  months.     I  yield  to  no  man  in 


52  Journal  of  Constitutional  Convention. 

my  patriotic  sentiments.  My  boy  and  your  boy  is  across  the 
ocean,  standing  under  bursting  shells,  and  1  want  to  see  every- 
thing done  to  protect  them  and  bring  them  back —  the  boys  who 
are  there  fighting  for  the  old  flag.  1  remember  looking  back  into 
the  Provincial  records  to  the  time  when  the  hrst  Constitutional 
Convention  assembled  here  six  months  after  the  war  with  Great 
Britain  started,  the  Revolutionary  War  which  gave  us  our  inde- 
pendence. Matthem  Thornton  from  Londonderry,  one  of  the 
signers  of  the  Declaration  of  Independence,  came  up  and  par- 
ticipated in  that  Convention,  and  they  did  not  go  home  without 
doing  something.  His  collaborator  was  John  Bell,  progenitor  of 
that  great  Bell  family  who  have  borne  senators  and  judges 
and  governors  to  the  State  of  New  Hampshire.  Those  men 
stayed  here  during  the  stress  of  the  Revolutionary  War,  animated 
by  the  same  sentiments  that  animate  us.  John  Sullivan  wrote 
from  the  army  asking  them  to  protect  the  interests  of  the  com- 
mon people.  You  will  find  it  in  your  Manual.  We  today  have  the 
same  spriit  that  John  Sullivan,  Matthew  Thornton  and  John 
Bell  had  in  that  Revolutionary  struggle.  W^e  are  here  to  do  busi- 
ness, and  when  we  have  accomplished  that  work  we  are  ready  to 
go  home  but  not  until  them;  and  these  dilatory  motions,  put  in 
here  to  carry  out  the  interests  of  somebody  in  some  ward  in 
some  city,  will  not  prevail  if  I  read  aright  the  expression  on  your 
faces.  Let  us  vote  down  this  resolution  and  stand  as  New  Hamp- 
shire always  has  stood,  patriotic,  always  doing  its  duty ;  and 
when  the  boys  come  home,  with  victory  inscribed  on  their  ban- 
ner, and  with  liberty  and  world-wide  democracy  established,  we 
shall  watch  them,  some  of  us  perhaps  with  heavy  hearts  and 
eyes  dimmed  with  tears,  but  we  shall  have  the  satisfaction  of 
telling  them  we  have  kept  the  home  fires  burning  and  done  the 
duty  that  was  placed  upon  us. 

Mr.  Callahan  of  Keene.  —  Gentlemen,  we  have  work  to  do  here. 
We  were  sent  here  by  our  constituents,  and  if  we  do  not  accom- 
plish anything  it  is  because  of  those  who  have  been  in  the 
trenches  for  the  past  three  or  four  months  getting  these  resolu- 
tions ready,  and  now  they  are  trying  to  gas  you.  Are  you  will- 
ing to  take  this  gas  and  have  them  smother  you?  Haven't  you 
got  just  as  much  intelligence  as  they  have?  Don't  you  know  the 
State  needs  some  Constitutional  changes  and  it  is  time  they  were 
accomplished,  even  if  it  is  in  war  time.  My  income  stopped  when 
I  left  home  yesterday  morning  to  attend  this  Convention,  but 
I  am  willing  to  stay  here  and  accomplish  the  work  of  this  Con- 
vention at  a  loss  to  myself  and  1  hope  a  benefit  to  the  State, 
and  I  ask  you,  gentlemen,  to  consider  carefully  the  resolution 


Wednesday,  June  5,  1918.  5<3 

offered  by  the  gentleman  from  Rochester  and  vote  it  down 
unanimoush'. 

Mr.  Edgerly  of  Tuftonhoro.  —  It  was  not  my  purpose  to  speak, 
but  it  is  my  opinion  at  the  present  time  that  everything  that 
has  been  ottered  here  has  been  somewhat  dilatory  —  that  is, 
everything  that  has  been  done  is  off  the  mark;  and  in  order  to 
do  work  effectively  we  must  commence  at  the  beginning,  where 
we  were  this  morning,  and  proceed  to  adjourn  until  such  time 
as  we  can  come  back  here  and  have  cooler  weather  and  perhaps 
cooler  heads  and  take  up  the  matters  then  and  have  them  put 
in  a  systematic  way  and  as  it  ought  to  be  done.  1  don't  believe 
in  selecting  anything  in  particular  and  throwing  out  everything 
else.  Now,  gentlemen,  in  the  interests  of  the  people  of  New 
Hampshire,,  it  is  my  opinion  we  would  do  well  to  adjourn  and 
go  home  to  our  work,  and  sometime  prior  to  the  election  next  fall 
come  back  here  at  the  summons  of  this  committee  and  then 
take  up  what  seems  necessary,  and  at  our  election  in  Novem- 
ber present  the  same  to  the  people.  At  this  time,  Mr.  President, 
it  is  my  candid  opinion  we  would  do  well  to  adjourn  and  go 
home. 

Mr.  Page  of  Gilmanton.  —  I  have  but  a  word  to  say.  If  I 
am  in  order  I  would  like  to  call  for  the  question  because  I 
would  as  soon  vote  against  it  now  as  any  time,  and  I  think 
the  others  had,  and  I  think  after  that,  an  adjournment  would 
be  a  nice  thing  to  have  and  come  back  tomorrow  morning. 

Mr.  Page  of  Portsmouth.  —  Gentlemen  of  the  Convention,  as 
I  grow  older  1  find  1  am  less  pugnacious  and  less  desirous  of 
entering  into  a  contest,  but  as  the  Pages  seem  to  be  coming 
on  deck.  I  think  it  is  my  turn  to  let  you  know  I  am  not  tongue- 
tied.  Wte  have  lived  under  a  Constitution  which  has  been  sutfi- 
cient  for  us  to  win  all  the  battles  we  have  ever  been  engaged 
in  for  a  hundred  and  fifty  years,  and  now  I  come  here  today 
and  I  hear  talk  about  slackers.  They  roll  it  on  their  tongues 
like  a  sweet  morsel,  and  they  will  charge  me,  because  I  vote 
for  adjournment,  with  being  a  slacker.  I  will  tell  you  what  a 
slacker  is,  gentlemen.  A  slacker  is  a  man  who  is  willing  to 
leave  his  work,  his  farm,  his  ploughing  and  farm  work  and 
such  things,  and  come  up  here  and  spend  all  summer  wrangling 
over  a  little  amendment  to  the  Constitution  and  listening  to  a 
fellow  who  is  willing  to  travel  up  and  down  in  front  of  us  and 
go  back  to  our  revolutionary  days  and  King  George  or  whatever 
king  he  may  refer  to,  I  don't  know  which  one,  while  he  shouts 
at  us  and  pounds  his  fists  in  the  air.  That  is  a  slacker,  gentle- 
men. Our  one  duty  today  is  to  win  the  war,  as  the  Presi- 
dent says,  and  we  are  going  to  do  it,  as  he  says,  and  he  knows 


54  Journal  of  Constitutional  Convention. 

something  about  it.  Then  I  have  believed  that  our  duty  was 
to  do  our  whole  duty,  and  we  cannot  stay  here  all  summer 
long  and  leave  our  fields  and  our  farms.  The  Huns  are  at  our 
door;  the  Kaiser's  mailed  fist  is  knocking  perhaps  at  the  front 
gate  of  the  city  of  Portsmouth  today.  And  yet  you  all  come 
here  and  sit  and  listen  to  talk  about  legislation  for  the  men 
who  have  got  millions  of  dollars  worth  of  lumber  to  exempt 
from  taxation.  That  is  what  this  lumber  business  means. 
What  is  lumber  good  for?  Only  to  keep  and  not  to  pay  taxes 
on  it  the  same  as  everybody  else  does  on  their  property?  And 
then  these  demagogues  tell  us  they  want  this  legislation  for  the 
good  of  the  poor  man  and  the  farmer.  Now,  Mr.  President  and 
Gentlemen,  the  men  who  want  to  stay  here  are  the  men  wno 
love  the  sound  of  their  own  voices  and  to  have  a  crowd  that  is 
compelled  to  stay  here  and  hear  them.  If  they  aren't  that 
kind  of  men  then  they  are  the  other  kind  who  are  in  the  pay 
of  the  State,  drawing  more  good  money  for  a  salary  for  some 
State  office  they  hold ;  and  I  just  heard  one,  drawing  $3,000 
a  year,  say  he  is  going  to  stay  here  all  summer,  drawing  his 
salary  both  ways.  Now,  Mr.  President  and  Gentlemen,  I  would 
have  been  glad  to  have  voted*  for  ;Mr.  Lyford's  resolution,  be- 
cause it  killed  all  the  black  specters  of  devils  innumerable  ap- 
pearing before  this  Convention.  Now  we  have  them  all  killed, 
as  I  understand,  but  one.  Let's  kill  that  and  go  home,  and  when 
the  war  is  over  and  we  can  think  connectedly  and  do  what  is 
right  for  the  State  of  New  Hampshire,  I  wil  come  back  here 
and  spend  my  time  at  my  own  expense,  and  I  won't  draw  any 
salary  from  the  State;  but  now  1  am  not  in  a  condition  and 
none  of  us  is  in  a  condition  to  legislate  upon  measures  to  be 
submitted  to  the  people  to  amend  that  old  Constitution  which 
has  served  us  so  long  and  so  well. 

Mr.  Stanley  of  Lincoln.  —  I  am  connected  with  one  of  the  larg- 
est companies  owning  timberlands  in  the  State  of  New  Hamp- 
shire, The  Parker- Young  Co.  I  should  favor  a  revision  of  the 
Constitution  in  regard  to  the  taxation  of  standing  timber  if 
it  could  have  been  considered  without  holding  this  Convention 
indefinitely.  We  will  stand,  however,  taxation  as  it  i§,  rather 
than  be  in  session  here  for  weeks. 

There  have  been  many  resolutions  offered  and  a  good  deal 
said  here  about  cleaning  our  house,  or  putting  our  house  in 
order.  Our  house  is  afire !  What  would  you  say  "of  a  man  who 
was  arranging  little  details,  putting  his  books  in  order,  or  other 
small  duties,  while  his  house  was  burning?  That  is  the  con- 
dition   in   our    country    today    and    it    seems    to    me    a    shame 


Wednesday,  June  5,  1918.  55 

that  more  than  four  hundred  able-bodied  men  spend  a  month 
or  more  in  thrashing  out  these  questions. 

As  ably  stated  by  the  delegate  from  Portsmouth,  Mr.  Page,, 
we  can  get  along  with  our  old  Constitution  for  the  time  being. 
We  will  put  up  with  timber  taxation  as  it  is  today.  Members 
speak  of  the  initiative  and  referendum.  If  we  do  not  win  this 
war  will  the  Kaiser  recognize  our  initiative  and  referendum? 

The  best  thing  we  can  do  now  is  to  adjourn,  get  back  to  our 
work  and  take  up  these  matters  at  a  time  more  fitting. 

Mr.  Stone  of  Andover.  —  Just  one  word,  gentlemen.  We  have 
heard  a  lot  about  slackers.  I  know  many  of  those  who  nave 
advocated  adjournment  have  given  up  all  their  business  and 
have  devoted  all  their  time  for  the  past  year  to  war  work. 
These  are  the  men  who  advocate,  and  for  a  patriotic  purpose, 
the  adjourning  of  this  Convention.  Now,  Mr.  President,  not 
for  the  purpose  of  delay,  but  believing  as  I  do  that  the  peopie 
of  every  ward  or  town  in  this  State  represented  here  are  opposed 
to  the  continuing  of  this  Convention  during  the  war  and  that 
the  people  are  anxious  to  have  us  adjourn  and  attend  to  other 
things ;  believing  this,  and  in  order  that  1  may  be  put  on  record 
I  propose  to  call  for  the  j^eas  and  nays,  that  our  constituents 
may  know  how  we  have  voted. 

Mr.  Stone  of  Andover  demanded  the  yeas  and  nays. 

Mr.  Schellenherg  of  Manchester.  —  Mr.  President,  there  has 
been  enough  said  about  the  war  and  the  gentleman  from  Eoches- 
ter  who  offered  this  resolution.  Now  let's  vote  on  it,  and  if 
we  are  to  stay,  we  will  stay ;  but  if  we  are  to  adjourn, 
we  will  adjourn.  Let's  vote  on  the  resolution  now,  and  let's 
not  hear  anj^thing  more  about  the  war  or  anything  else. 

The  demand  of  Mr.  Stone  of  Andover  being  seconded  by  ten 
delegates,  the  yeas  and  nays  were  ordered. 

Mr.  Duncan  of  Juffrey.  —  I  rise  for  a  parliamentary  inquiry. 
Do  I  understand  that  those  in  favor  of  immediate  adjournment 
should  rote  yes  and  all  those  willing  to  do  their  duty  and  stay 
here,  vote  no? 

The  Preisclent.  —  All  in  favor  of  immediate  adjournment  will 
vote  yes ;  all  opposed  to  immediate  adjournment  will  vote  no 
when  their  names  are  called.     That  is  all  there  is  to  it. 


56  Journal  of  Constitutional  Convention. 

Yeas,  1671/2. 

Mdrich  of  Northumiberland,  Amey,  x\nnis,  Bailly  of 
Manchester,  Bailey  of  Simapee,  Baker  of  Hillsborough, 
Barnard,  Bartlett  of  Hanover,  Bartlett  of  Pittsfield,  Bates  of 
Exeter,  Beaman,  Beaudoin,  Beckman,  Belanger  of  Concord, 
Bell,  Booth,  Brown  of  Berlin,  Brown  of  Concord,  Brown  of 
Manchester,  Butler,  Carter,  Cater,  Chandler,  Chapman, 
Charron,  Chase  of  Ward  Five,  Concord,  Clark  of  Acworth, 
Clough  of  Laconia,  Clough  of  Lyman,  Coy,  Curtis  of  Berlin, 
Curtis  of  Northumberland,  Dame,  Da\^s  of  Croydon,  Davis 
of  Hopkinton,  Davis  of  Middleton,  Dearborn  of  Belmont, 
Demond,  Deschenes,  Dillingham,  Doe  of  Newfields,  Dow, 
Duffy,  Eastman  of  Weare,  Eaton,  Edgerly  of  Tuftonboro, 
Ela,  Elliot,  Emerson  of  Hampstead,  Emerson  of  Manchester, 
English,  Entwistle,  Evans  of  Jefferson,  Farmer,  Felton, 
Foote,  Foss,  Fowler,  French  of  Moulton'borough,  Gage,  Gall, 
George,  Gordon  of  New  Ipswich,  Goulding,  Grant,  Hale.  Hall 
of  Langdon,  Hallinan,  Hamlin,  Hancock,  Haslet,  Hodgman, 
Howard,  Howe,  Hoyt  of  Newington,  Hughes,  Hull,  Huntress, 
Hurd  of  Sharon,  Hutchins  of  Stratford,  Jacobs,  Johnson  of 
Pittsburg,  Jones  of  Lebanon,  Keniston  of  Ellsworth,  Kings- 
bury, Kittredge,  Knox,  Laplante,  Leach,  Lee,  Lombard,  Lord, 
Lyford,  Madden,  Marston,  Mason  of  Marlborough,  McDaniel 
of  Nottingham,  McElroy,  McHtugh,  Moffett,  Morin,  Morse  of 
Littleton,  Nelson,  Noyes,  Nute,  Page  of  Portsmouth,  Par- 
ker of  Claremont,  Parker  of  Goffstown,  Pattee,  Perkins  of 
Laconia,  Pettee,  Philbrook  of  Shelburne,  PilL^^bury  of  Sutton, 
Prescott  of  Milford,  Price,  Pulsifer,  Pines,  Eipley,  Eog- 
ers  of  Newport,  Rogers  of  Pembroke,  Rollins,  Roy  of  Man- 
chester, Sanborn,  Sargent  of  Concord,  Sargent  of  Pittsfield, 
Scamnion,  Steott,  Shaw  of  Salisbury,  Shirley,  Sise,  Smith  of 
Brentwoodi,  Smith  of  Center  Harbor,  Smith  of  Haverhill, 
Snow,  Sp'aulding  of  Manchester,  Spalding  of  Stoddard,  Stan- 
ley, Stevens,  Stoddard,  Stone,  Streeter,  Sturtevant,  Temple- 
ton,  Thomas,  Tilton  of  Laconia,  Towle  of  Loudon,  Towle  of 
Northwood,  True,  Varney,  Veazie,  Waldron,  Walker,  Ward, 


Wednesday,  June  5,  1918.  57 

Wendall,  Wentworth  of  Jackson,  Wentworth  of  Pl^Tnoiith, 
Wescott,  Wetherell,  Whitcomb,  Whitney  of  Barnstead,  Whit- 
ney of  Goshen,  Wight,  Wilson  of  Manchester,  Winn,  Wood- 
bur}'  of  Salem,  Woodward,  Young  of  Easton,  ^ojt  of  Han- 
over (1/^  vote). 

Nays,  I8OI/2. 

Abbe,  Andrews,  Ayres,  Baker  of  Hudson,  Ball,  Bartlett  of 
Derry,  Belanger  of  Manchester,  Bennett,  Benway,  Blanchard, 
Boisvert,  Brennan,  Bresnahan,  Brown  of  Deerfield,  Bullock, 
Bunten  of  Dunbarton,  Bunton  of  Manchester,  Burbank,  Bux- 
ton, Byrne,  Callahan,  Carpenter,  Cavanaugh,  Chase  of  Ward 
Three,  Concord,  Chase  of  Manchester,  Chevrette,  Childs, 
Churchill,  Clark  of  Nashua,  Clarke  of  Walpole,  Clement,  Cob- 
leigh.  Cole  of  Eochester,  Collins,  Conner  of  Bristol,  Connor  of 
Manchester,  Cote,  Craig,  Damon,  Davis  of  Manchester,  Dean, 
Dearborn  of  Effingham,  Devost,  Dickinson,  Dionne,  Donigan, 
Dort,  Duncan  of  Hancock,  Duncan  of  Jaffrey,  Eagan,  East- 
man of  Allenstown,  Edgar,  Emerson  of  Milford,  Evans  of 
Gorham,  Farnum,  Faulkner,  Fessenden,  Flanders,  Floyd, 
Foisie,  Foster,  French  of  Concord,  Frost,  Frye,  Gagnon,  Gih- 
son,  Gilchrist,  Gingrass,  Goodwin,  Gorham,  Gray,  Hammond, 
Hayden,  Haynes,  Head,  Hebert,  Hodges,  Holt,  Hopkins, 
Hubbard,  Hunkins,  Hurd  of  Dover,  Hutchins  of  Berlin, 
Kelley,  Kenison  of  Ossipee,  Kennett,  Keyes,  King,  Laberge, 
Lampron,  Lamson,  Lang,  Lawrence,  Ledoux,  Lewis,  Little, 
Livingston,  Locke,  Lovering,  Magan,  Mason  of  Keene,  G.  I. 
McAllister,  J.  J.  McAllister,  McCarthy  of  Ward  13,  Man- 
chester, McDaniel  of  Barrington,  McLaughlin,  McNally,  Mc- 
Nulty,  Meader  of  Wolfehoro,  Metcalf,  Morrison,  Morse  of 
Hebron,  Moses,  Mower,  Newell,  Norwood,  O'Neil,  Ordway  of 
New  Hampton,  Page  of  Gilmanton,  Parsons,  Patterson,  Pear- 
son, Pecor,  Peirce,  Philbrook  of  Laconia,  Philpot,  Pillsbury 
of  Londonderry,  Pillsbury  of  Manchester,  Pound,  Prince, 
Quimby,  Rand,  Eandall,  Rice,  Rpbichaud,  J.  J.  Ryan,  P.  J. 
Ryan,  Salvail,  Sawyer,  Sayers,  Schellenberg,  Schenck,  School- 


58  Journal  of  Constitutional  Convention. 

craft,  Shaw  of  Chichester,  Shaw  of  Nashua,  Shaw  of  North 
Hampton,  Smart  of  Bennington,  Smart  of  Dover,  Smith  of 
Dover,  Stuart,  Sullivan,  Sweeny,  Tarbell,  Theriault,  Thomp- 
son, Tobey,  Towne,  Trickey,  Tuck,  Upton,  Wallace,  Watson  of 
Eandolph,  Waterman,  Weher,  Welch,  Wellman  of  Keene, 
Wellman  of  New  London,  Wells,  Welpley,  Weston,  Wheeler 
of  Canterbury,  Wheeler  of  Manchester,  AVhitman,  Wilson  of 
Salem,  Woodbury  of  Woodstock,  Woods,  Worthen,  Wright, 
Young  of  Laconia,  Young  of  Eochester,  Tyng  .(I/2  vote). 

Paiks. 

Mr.  Pike  of  Lisbon,  voting  yes,  was  paired  with  Mr.  Shurt- 
leff  of  Lancaster,  voting  no. 

One  hundred  and  sixty-seven  and  one-half  votes  having 
been  recorded  in  the  affirmative  and  one  hundred  eighty  and 
one-half  votes  having  been  recorded  in  the  negative,  the  resolu- 
tion of  Mr.  Varney  of  Rochester  was  not  adopted. 

On  motion  of  Mr.  French  of  Moultonborough,  the  following 
resolution  was  adopted: 

Resolved,  That  until  otherwise  ordered  the  hours  of  meeting 
of  the  Convention  be  at  10. OO  o^clock  in  the  forenoon  and  2.00 
o'clock  in  the  afternoon. 

On  motion  of  Mr.  Lyford  of  Concord,  the  following  resolu- 
tion was  adopted : 

Resolved,  That  the  drawing  of  seats  be  made  a  special  order 
for  tomorrow  morning  at  10.05  o'clock,  that  the  method  fol- 
lowed in  the  House  of  ^Representatives  be  adopted  and  that  the 
Secretary  of  the  Convention  draw  seats  for  absent  members. 

On  motion  of  Mr.  Lee  of.  Concord,  the  following  resolution 
was  adopted : 


Thursday,  June  6,  1918.  59 

Resolved,  That  the  Secretary  request  the  Secretary  of  State 
to  furnish  this  Convention  with  460  copies  of  the  published 
proceedings  of  the  Constitutional  Convention  of  1912,  one 
copy  for  each  member  of  this  Convention  and  its  officers. 

On  motion  of  Mr.  Tobey  of  Temple,  the  Convention  ad- 
journed. 

AFTEENOON. 

The  Convention  met  at  two  o'clock,  according  to  adjourn- 
ment. 

On  motion  of  Mr.  Prescott  of  Milford,  the  Convention  ad- 
journed at  4.51  o'clock. 

THUESDAY,  June,  6,  1918. 

The  Convention  met  at  10.00  o'clock  in  the  forenoon  accord- 
ing to  adjournment. 

Prayer  was  offered  by  the  Chaplain,  Eev.  ATchibald  Black 
of  Concord. 

The  reading  of  the  Journal  of  the  preceeding  day  having 
begun,  — 

On  motion  of  Mr.  Clement  of  Warren,  the  rules  were  so 
far  suspended  that  the  further  reading  of  the  Journal  was 
dispensed  with. 

Miss  Margaret  A.  Conway  of  Concord  appeared  and  quali- 
fied as  Official  Stenographer. 

Mr.  Ayres  of  Franconia  introduced  the  following  resolution : 


GO  Journal  of  Constitutional  Convention. 

Resolution  No.  1. 

Relating  to  the  Taxation  of  Growing  Wood  and  Timber. 

Resolved,  That  the  Constitution  be  amended  as  follows : 

Add  at  the  end  of  Article  5  the  following:  ' 

Provided,  further,  the  said  General  Court  shall  have  full 
power  and  authority  to  specially  assess,  rate  and  tax  growing 
wood  and  timber  without  regard  to  the  rule  of  proportion 
otherwise  required  in  taxation. 

The  resolution  was  read,  laid  on  the  table  to  be  printed  and 
referred  to  the  Committee  on  Legislative  Department. 

Mr.  Woodbury  of  Woodstock  introduced  the  following  reso- 
lution : 

Resolution  No.  2. 

Relating  to  the  Powers  of  the  General  Court. 

Resolved,  That  the  Constitution  be  amended  by  striking  out 
in  Article  5,  Part  2,  the  words  "  proportional  and  "  in  the 
nineteenth  line  of  said  section,  and  the  words  "  upon  all  the 
inhabitants  of,  and  residents  within,  said  State,  and  upon 
all  estates  within  the  same  '^  in  the  nineteenth,  twentieth  and 
twenty-first  lines  of  said  section,  so  that  said  section  shall 
read  as  follows : 

Art.  5.  And,  further,  full  power  and  authority  are  here- 
by given  and  granted  to  the  said  General  Court  from  time  to 
time,  to  make,  ordain,  and  establish  all  manner  of  wholesome 
and  reasonable  orders,  laws,  statutes,  ordinances,  directions, 
and  instructions,  either  with  penalties  or  without,  so  as  the 
same  he  not  repugnant  or  contrary  to  this  Constitution,  as 


Thursday,  June  6,  1918.  61 

they  may  judge  for  the  benefit  and  welfare  of  this  State  and 
for  the  governing  and  ordering  thereof  and  of  the  subjects 
of  the  same,  for  the  necessary  support  and  defense  of  the  gov- 
ernment thereof;  and  to  name  and  settle  biennially,  or  pro- 
vide by  fixed  laws  for  the  naming  and  settling  all  civil  officers 
within  this  State,  such  officers  excepted  the  election  and 
appointment  of  whom  are  hereafter  in  this  form  of  govern- 
ment otherwise  provided  for;  and  to  set  forth  the  several 
duties,  powers,  and  limits  of  the  several  civil  and  military 
officers  of  this  State,  and  the  forms  of  such  oaths  or  affirma- 
tions as  shall  be  respectively  administered  unto  them  for 
the  execution  of  their  several  offices  and  places,  so  as  the 
same  be  not  repugnant  or  contrary  to  this  Constitution;  and, 
also,  to  impose  fines,  mulcts,  imprisonments,  and  other  pun- 
ishments; and  to  impose  and  levy  reasonable  assessments, 
rates,  and  taxes  to  be  issued  and  disposed  of  by  warrant,  un- 
der the  hand  of  the  Governor  of  this  State  for  the  time  being, 
with  the  advice  and  consent  of  the  Council,  for  the  public 
service,  in  the  necessary  defense  and  support  of  the  govern- 
ment of  this  State  and  the  protection  and  preservation  of  the 
subjects  thereof,  according  to  such  acts  as  are  or  shall  be  in 
force  within  the  same.  Provided,  that  the  General  Court 
shall  not  authorize  any  town  to  loan  or  give  its  money  or 
credit,  directly  or  indirectly,  for  the  benefit  of  any  corpo- 
ration having  for  its  object  a  dividend  of  profits,  or  in  any 
way  aid  the  same  by  taking  its  stock  or  bonds. 

Resolved,  further.  That  Article  6,  Part  2,  be  amended  by 
striking  out  all  of  said  section  and  inserting  in  place  thereof 
the  following : 

The  public  charges  of  government  or  any  part  thereof  may 
be  raised  by  taxation.  The  subjects  of  taxation  may  be 
divided  according  to  their  kind  or  value  into  classes  differently 
taxed. 


62  JouENAL  OF  Constitutional  Convention. 

The  resolution  was  read,  laid  on  the  table  to  be  printed  and 
referred  to  the  Committee  on  Legislative  Department. 

Mr.  Duncan  of  Jaff rey  introduced  the  following  resolution : 

Resolution  No.  3. 

Relating  to  Mode  of  Submitting  Amendments  to  the  Constitu- 
tion. 

Resolved,  That  it  is  expedient  that  the  Constitution  be 
amended  as  follows : 

Insert  after  Art.  99  of  Part  II,  the  following  article,  which 
shall  be  numbered  Article  lOO : 

Art.  100.  The  Senate  and  House  of  Representatives,  sit- 
ting in  Joint  Convention,  may  submit  amendments  and  alter- 
ations to  this  Constitution,  which  shall  become  operative  when 
approved  hy  the  voters  of  the  State  in  the  manner  herein- 
before provided,  suoh  Joint  Convention  to  be  held  whenever 
requested  by  majority  vote  of  the  membership  of  either  house; 
and  if  the  two  houses  shall  fail  to  agree  upon  a  time  for  hold- 
ing such  Joint  Convention,  or  fail  to  continue  the  same  from 
time  to  time  until  final  action  shall  have  heen  taken  upon  all 
amendments  pending,  the  G-overnor  shall  call  such  Joint  Con- 
vention or  continuance  thereof ;  if  three-fourths  of  the  mem- 
bership of  such  Joint  Convention  shall  vote  to  submit  any 
amendment,  it  shall  be  submitted  to  vote  of  the  people  at  the 
next  regular  election  or  at  a  special  election,  as  directed  by  the 
Convention ;  if  a  majority  of  such  Convention  shall  be  in  favor 
of  any  amendment,  but  less  than  three-fourths,  the  same  shall 
be  referred  to  a  Joint  Convention  of  the  next  General  Court, 
and  upon  favorable  action  by  a  majority  of  the  membership 
of  such  subsequent  Convention,  such  amendment  shall  be  sub- 
mitted to  vote  of  the  people  at  the  next  regular  election ;  final 
action  in  the  Joint  Convention  upon  any  amendment  shall  be 


Thuesday,  June  6,  1918.  63 

taken  only  by  call  of  the  years  and  nays,  which  shall  be  entered 
upon  the  journals  of  both  houses;  and  an  unfavorable  vote  at 
any  stage  preceding  final  action  shall  be  verified  by  call  of  the 
yeas  and  nays,  to  be  entered  in  like  manner. 

Eenumber  Art.  100,  making  it  Article  101. 

The  resolution  was  read,  laid  on  the  table  to  be  printed  and 
referred  to  the  Committee  on  Future  Mode  of  Amending  the 
Constitution  and  Other  Proposed  Amendments. 

Mr.  Tyng  of  Ashland  introduced  the  following  resolution: 

Resolution  No.  4. 

Relating  to  the  Duties  of  the  Governor. 

Resolved,  That  the  Constitution  be  amended  as  follows: 

Insert  under  "EXECUTIVE  POWER"  the  following: 

It  shall  be  the  duty  of  the  Governor  to  present  to  the  con- 
sideration of  the  Legislature  such  measures  as  he  may  deem 
necessary  and  expedient,  and  to  publish  the  same  as  early  as 
may  be  before  the  Legislature  assembles. 

Bills  presented  by  the  Governor  shall  have  precedence  over 
all  other  legislation  except  emergency  measures,  so  designated 
by  vote  of  three-fourths  of  the  membership  of  the  House  of 
Representatives. 

The  resolution  was  read,  laid  on  the  table  to  be  printed  and 
referred  to  the  Committee  on  Bill  of  Rights  and  Executive 
Department. 

Mr.  Lyford  of  Concord  introduced  the  following  resolu- 
tion: 


64  Journal  of  Constitutional  Convention. 

Eesolution  No.  5. 

Eelating  to  Taxation. 

Resolved,  That  Article  5  be  amended  by  adding  at  the  end 
thereof  the  following : 

Provided,  further,  the  said  General  Court  shall  have  full 
power  and  authority,  regardless  of  the  rule  of  proportion 
otherwise  required  in  taxation,  to  impose  and  levy  taxes  on 
incomes  of  persons,  co-partnerships,  associations  and  corpo- 
rations, including  gains,  profits,  and  income  derived  from 
salaries,  wages,  or  compensation  for  personal  service  of  what- 
ever kind  and  in  whatever  form  paid,  or  from  professions, 
vocations,  business,  trade,  commerce,  or  sales,  or  dealings  in 
property,  whether  real  or  personal,  growing  out  of  the  owner- 
ship or  use  of  or  interest  in  real  or  personal  property,  also 
from  interest,  rent,  dividends,  securities,  or  the  transaction 
of  any  business  carried  on  for  gain  or  profit,  or  gains  or 
profits  and  income  derived  from  any  service  whatever,  and 
it  may  graduate  such  taxes  acc6rding  to  the  amount  of  in- 
comes and  may  grant  reasonable  exemptions. 

The  resolution  was  read,  laid  on  the  table  to  be  printed  and 
referred  to  the  Committee  on  Legislative  Department. 

Mr.  Mason  of  Keene  introduced  the  following  resolution: 

Eesolution  No.  6. 

Eelating  to  Pensions. 

Resolved,  That  Article  36  of  the  Bill  of  Eights  he  amended 
by  striking  out  the  words  "  and  never  for  more  than  one  year 
at  a  time,"  so  that  said  Article  36,  as  amended,  shall  read  as 
follows : 


Thursday,  June  6,  1918.  65 

Aet.  36.  Economy  being  a  most  essential  virtue  in  all 
States,  especially  in  a  young  one,  no  pension  should  be  granted 
but  in  conis'deration  of  actual  services;  and  such  pensions 
ought  to  be  granted  with  great  caution  by  the  Legislature. 

The  resolution  was  read,  laid  on  the  table  to  be  printed  and 
referred  to  the  Committee  on  Bill  of  Eights  and  Executive 
Department. 

Mr.  Tyng  of  Ashland  introduced  the  following  resolution: 

Eesolution  No.  7. 
Eelating  to  Candidates  for  Office. 
Resolved,  That  the  Constitution  be  amended  as  follows : 
Insert  under  "THE  GENEEAL  COUET^'  the  following: 

In  all  elections  to  office  the  person  who  at  the  time  holds 
the  office  shall  be  considered  a  candidate,  and  if  there  is  an 
official  ballot  his  name  shall  appear  upon  it,  unless  he  shaU 
by  a  written  statement  addressed  to  the  person  or  persons 
having  authority  to  prepare  such  'ballot  withdraw  his  name, 
or  shall  have  been  convicted  of  crime,  or  judicially  deter- 
mined to  be  of  unsound  mind.  If  there  be  primary  elections 
open  to  aU  voters  without  distinction,  his  name  shall  be  simi- 
larly placed  upon  the  ballots  in  that  election,  and  if  he  shall 
receive  therein  a  plurality  of  votes,  he  shall  be  considered  as 
elected,  and  no  further  election  for  that  office  be  held. 

The  resolution  was  read,  laid  on  the  table  to  be  printed  and 
referred  to  the  Committee  on  Legislative  Department. 

Mr.  Metcalf  of  Concord  introduced  the  following  resolu- 
tion: 


66  Journal  of  Constitutional  Convention. 

Kesolution  No.  8. 

Relating  to  Future  Amendments  to  the  Constitution. 

Resolved,  That  the  following  amendment  he  submitted  to 
the  voters  of  the  State  at  the  next  biennial  election : 

Articles  98  and  99  of  the  Constitution  are  hereby  abro- 
gated, and  a  new  article,  providing  for  the  submission  of 
future  amendments,  is  substituted  in' place  thereof,  as  fol- 
lows: 

Whenever  the  General  Court,  in  Joint  Convention  of  the 
Senate  and  House  of  Representatives;,  shall  determine  it  ad- 
visable and  for  the  public  good  that  this  Constitution  be 
amended  in  any  particular,  it  may,  by  a  two  thirds  vote  of  the 
entire  membership,  submit  such  amendment  as  it  deems 
proper,  to  be  passed  upon  by  the  legal  voters  of  the  State  at  the 
next  biennial  election ;  and  if  at  such  election  it  shall  appear 
that  two  thirds  of  all  the  voters  of  the  State,  voting  thereon, 
have  signified  their  approval  of  the  same,  such  amendment 
shall  become  a  part  of  this  Constitution,  and  not  otherwise. 
Provided,  nevertheless,  that  the  General  Court,  shall  submit 
no  more  than  two  amendments  at  any  one  session. 

The  resolution  was  read,  laid  on  the  table  to  be  printed  and 
referred  to  the  Committee  on  Future  Mode  of  Amending 
the  Constitution  and  Other  Proposed  Amendments. 

Mr.  Cobleigh  of  Nashua  introduced  the  following  resolu- 
tion: 

Resolution  No.  9. 

Relating  to  Trial  by  Jury. 

Resolved,  That  the  words  "  one  hundred  "  be  struck  out  of 
Article  20  of  the  Bill  of  Rights,  and  that  the  words  "  three 


Thuesday,  June  6,  1918.  67 

hundred "  be  inserted  in  the  place  thereof,  so  that  when 
amended  it  shall  read: 

Aet.  20.  In  all  controversies  concerning  property  and  in 
all  suits  between  two  or  more  persons,  except  in  cases  in  which 
it  has  been  heretofore  otherwise  used  and  practiced,  and 
except  in  cases  in  which  the  value  in  controversy  does  not 
exceed  three  hundred  dollars  and  title  of  real  estate  is  not 
concerned  the  parties  have  a  right  to  a  trial  by  jury ;  and  this 
method  of  procedure  shall  be  held  sacred,  unless,  in  cases  aris- 
ing on  the  high  seas  and  such  as  relate  to  mariners'  wages, 
the  Legislature  shall  think  it  necessary  hereafter  to  alter  it. 

Also  amend  Article  76  of  Part  Second  of  the  Constitution 
by  striking  out  the  words  "  one  hundred ''  and  inserting  in 
the  place  thereof  the  words  ^^  three  hundred,''  so  that  when 
amended  it  shall  read: 

Aet.  76.  The  General  Court  are  empowered  to  give  jus- 
tices of  the  peace  jurisdiction  in  civil  causes,  when  the  dam- 
ages demanded  shall  not  exceed  three  hundred  dollars  and  the 
title  of  real  estate  is  not  concerned,  but  with  right  of  appeal 
to  either  party  to  some  other  Court.  And  the  General  Court 
are  further  empowered  to  give  to  Police  Courts  original  juris- 
diction to  try  and  determine,  subject  to  the  right  of  appeal 
and  trial  by  jury,  all  criminal  causes  wherein  the  punishment 
is  less  than  imprisonment  in  the  state  prison. 

The  resolution  was  read,  laid  on  the  table  to  be  printed  and 
referred  to  the  Committee  on  Judicial  Department. 

Mr.  Pettee  of  Durham  introduced  the  following  resolution : 


68  jousnal  op  cokstitutiokal  contention. 

Kesolution  No.  10. 

BelatiT^g  to  An  Alternative  Method  of  Amending  the  Constitu- 
tion. 

Resolved,  That  eadi  biennial  Legislature,  by  a  majority 
vote  of  Senate  and  House  separately,  followed  by  a  two-thirds 
vote  of  the  whole  membership  in  joint  session,  may  propose 
not  more  than  two  amendments  to  the  Constitution  to  be  pre- 
sented for  ratification  by  the  people  in  the  same  manner  as 
amendments  are  presented  by  a  Constitutional  Convention. 

The  resolution  was  read,  laid  on  the  table  to  be  printed  and 
referred  to  the  Committee  on  Future  Mode  of  Amending  the 
Constitution  and  Other  Proposed  Amendments. 

Mr.  Brennan  of  Peterborough  called  for  the  special  order, 
the  same  being  the  drawing  of  seats  by  the  delegates. 

On  motion  of  Mr.  Metcalf  of  Concord,  George  W.  Peiree 
of  Winchester,  Hosea  W.  Parker  of  Claremont,  Joab  N.  Pat- 
terson of  Concord,  Mortier  L.  Morrison  of  Peterborough,  and 
Edward  Woods  of  Bath,  each  being  more  than  eighty  years  of 
age,  were  allowed  to  select  their  seats  before  the  drawing. 

Mr.  Parker  of  Claremont.  —  I  wish  in  behalf  of  my  young 
friends  to  thank  the  Convention  for  the  compliment  they  have 
paid  ns,  and  while  I  am  on  the  floor,  Mr.  President,  I  am  re- 
minded that  there  is  one  gentleman  in  the  Convention  who  has 
had  the  honor  heretofore  of  presiding  at  a  Constitntional  Con- 
vention, and  1  believe  but  one. 

On  motion  of  Mr.  Parker  of  Claremont,  Mr.  Streeter  of 
Concord,  President  of  the  Constitutional  Convention  of  1912, 
was  allowed  to  select  a  seat  before  the  drawing. 

Mr.  PiUsbury  of  Londonderry  offered  the  following  resolu- 
tion: 


Thursday,  June  6,  1918.  69 

Resolved,  That  the  members  of  the  Grand  Army,  war  vet- 
erans, and  Mr.  Hughes  of  Windham,  who  have  rendered  dis- 
tinguished service  to  their  Country  and  State,  be  allotted  six- 
teen seats  in  the  second,  third  and  fourth  rows  of  seats  in 
the  third  division  and  that  the  Secretary  of  the  Convention 
be  instructed  to  assign  the  seats  to  the  individual  members  so 
selected. 

Question  being  on  the  resolution  of  Mr.  Pillsbury  of  Lon- 
donderry, — 

ifr.  PilUhury  of  Londonderry.  —  Mr.  President,  in  support  of 
that  resolution,  I  desire  to  call  the  attention  of  this  Conven- 
tion to  the  fact  that  while  our  boys  across  the  seas  are  decorated 
for  the  honor  they  are  conferring  upon  their  Country  in  main- 
taining and  uplifting  humanity  and  world-wide  democracy,  we 
have  with  us  here  a  band  of  fifteen  members  of  that  Grand  Army 
who  wear  ui)on  their  breasts  a  badge  as  honorable  as  any  ever 
given  in  any  Country  and  under  any  conditions.  They  freely 
submitted  to  the  sacrifice  of  their  lives  fifty-five  or  sixty  years 
ago  to  uplift  humanity  and  free  a  people.  We  cannot  honor 
them  for  what  they  have  done,  "but  we  can  honor  ourselves  by 
extending  to  them  the  courtesy,  in  their  infirmities  of  age,  for 
all  have  reached  the  age  of  seventy-five  years  and  some  the 
extreme  age  of  eighty-three,"  by  extending  to  them  the  courtesy 
of  this  Convention  and  allowing  them  to  have  seats  in  the  center, 
where  they  can  hear  the  proceedings  of  the  Convention. 

Mr.  Doyle  of  Natifma.  —  I  am  not  a  candidate  for  olWce,  and  I 
am  not  bidding  for  votes.  If  you  want  to  honor  the  Veterans, 
give  them  a  front  seat,  not  a  back  seat.  1  want,  Mr.  President, 
to  be  fair,  but  the  gentleman  from  Londonderry  is  not  fair;  he  is 
bidding  hen>  for  recognition  and  support  for  something  outside 
of  this  Convention.  Now  you  have  here  a  reiolution  to  put  the 
Veterans  in  the  front,  and  1  would  like  to  suggest  we  put  the 
four  candidates  for  the  United  States  Senate  in  wltk  them. 

Mr.  Pmnhury  of  Londonderry, -^Ut,  Preaident,  I  have  lived 
hero  in  New  Ifampshire  io  long  and  have  had  lo  many  ilura  and 
attiiekn  nuide  tipon  me  and  upon  my  cbaraoter  for  doing  what  I 
believed  wan  riglit  that*a  flea  bite  don't  diiturb  me.  I  aay  that 
theMe  men  would  honor  ui.  I  have  not  asked  to  give  them  back 
seats,  but  the  second,  third  and  fourth  row  In  the  center,  aa  near 
to  the  Secretary  and  Preildent  as  any  teats,  excepting  four  in 


70  Journal  of  Constitutional  Convention. 

this  Convention,  and  if  the  gentleman  thinks  he  can  serve  his 
master  by  attacking  me,  he  is  perfectly  welcome  to  that  privi- 
lege. 

On  a  viva  voce  vote,  the  resolution  of  Mr.  Pillsbury  of  Lon- 
donderry was  unanimously  adopted. 

It  was  moved  by  Mr.  Sanders  of  Derry  that  the  further 
drawing  of  seats  be  dispensed  with. 

Question  being  on  the  motion  of  Mr.  Sanders  of  Derry,  — 

Mr.  Young  of  Rochester.  —  Mr.  President,  I  hope  that  motion 
will  not  prevail,  for  the  very  reason  it  will  cause  confusion. 
Let  every  man  have  the  seat  he  is  entitled  to.  I  hope  the  motion 
will  not  prevail. 

On  a  viva  voce  vote  the  motion  did  not  prevail. 

(Mr.  Streeter  of  Concord  in  the  Chair.) 

Seats  were  drawn  by  the  delegates  in  accordance  with  the 
resolution. 

(The  President  in  the  Chair.) 

Mr.  Lyford  of  Concord.  —  Mr.  President,  we  can  go  to  work  this 
afternoon  in  a  Committee  of  the  Whole  by  suspending  the  rules 
at  that  time,  on  one  of  the  propositions  that  have  been  sub- 
mitted here,  namely,  the  timber  proposition,  because  if  that 
amendment  is  referred  to  a  committee,  it  would  not  be  changed 
in  form  at  all,  but  would  be  reported  back  to  the  Convention  in 
its  present  form. 

On  motion  of  Mr.  Lyford  of  Concord  the  Convention  took 
a  recess  until  1.30'  o'clock  this  afternoon. 


X..  Tttt  f   13^ 


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72  Journal  of  Constitutional  Convention. 

shall  have  a  negative  on  each  other,"  be  stricken  out,  and 
likewise  the  words  "  and  council "  in  Article  45. 

The  resolution  was  read,  laid  on  the  table  to  be  printed  and 
referred  to  the  Committee  on  Bill  of  Eights  and  Executive 
Department. 

Mr.  Cavanaugh  of  Manchester  introduced  the  following 
resolution : 

Eesolution  No.  13. 

Relating  to  Future  Mode  of  Amending  the  Constitution. 

Resolved,  That  the  Constitution  of  the  State  be  amended 
as  follows : 

Ataend  Part  Second  of  the  Constitution  by  striking  out 
Articles  98  and  99  of  the  same,  and  inserting  in  lieu  thereof 
the  following: 

Art.  98.  Any  amendment  or  amendments  to  this  Consti- 
tution may  be  proposed  in  either  branch  of  the  Legislature; 
and  if  the  same  shall  be  agreed  to  by  a  majority  of  the  mem- 
bers elected  to  each  of  the  two  branches,  such  proposed 
amendment  or  amendments  shall  'be  entered  on  their  jour- 
nals, with  the  yeas  and  nays  taken  thereon,  and  referred  to 
the  Legislature  to  be  chosen  at  the  next  general  election,  and 
shall  be  published  in  some  newspaper  in  each  county  of  the 
State  for  three  months  previous  to  the  time  of  holding  such 
election;  and  if,  in  the  Legislature  so  next  chosen,  such  pro- 
posed amendment  or  amendments  shall  be  agreed  to  by  a 
majority  of  all  the  members  elected  to  each  branch,  then  it 
shall  be  the  duty  of  the  Legislature  to  submit  such  proposed 
amendment  or  amendments  to  the  people,  in  such  manner, 
and  at  such  time,  as  the  Legislature  shall  prescribe;  and  if 
the  people  shall  approve  and  ratify  such  amendment  or 
amendments,  or  any  of  such  amendments,  by  vote  of  at  least 


Thursday,  June  6,  1918.  73 


two  thirds  of  the  electors  voting  thereon,  such  amendment  or 
amendments  so  approved  and  ratified  shall  become  part  of 
the  Constitution;  provided,  that  if  more  than  one  amendment 
be  submitted  at  the  same  time,  they  shall  be  submitted  In 
such  manner  that  the  people  may  vote  for  or  against  such 
amendments  separately. 

Art.  99.  If  at  any  time  a  majority  of  the  Senate  and 
House  shall  deem  it  necessary  to  call  a  Convention  to  Eevise 
or  Change  this  Constitution,  they  shall  recommena  to  the 
electors  to  vote  for  or  against  a  Convention  at  the  next  gen- 
eral election  for  members  of  the  Legislature.  And  if  it  shall 
appear  that  a  majority  of  the  electors  voting  thereon  have 
voted  for  a  Convention,  the  Legislature  shall,  at  its  next  ses- 
sion, provide  for  calling  such  Convention. 

The  resolution  was  read,  laid  on  the  table  to  be  printed  and 
referred  to  the  Committee  on  Future  Mode  of  Amending  the 
Constitution  and  Other  Proposed  Amendments. 

Mr.  Chase  of  Manchester  offered  the  following  resolution: 

Whereas,  We  recognize  the  fact  that  time  as  well  as 
money  and  other  resources  should  be  conserved  in  these  times 
of  stress;  therefore,  be  it 

Resolved,  That  the  time  for  making  speeches  shall  be  lim- 
ited, the  first  time  to  ten  minutes;  the  second,  five  minutes, 
and  no  member  shall  sp^ak  the  third  time  upon  any  one  sub- 
ject without  the  consent  of  tw^o-thirds  of  the  delegates  present. 

Question  being  on  the  resolution  of  Mr.  Chase  of  Man- 
chester, — 

Mr.  Lee  of  Covcord.  —  If  the  gentleman  has  no  objection,  in 
the  third  article  I  would  suggest  he  say  "  withiout  the  unanimous 


74  Journal  of  Constitutional  Convention. 

consent  of  the  Convention  to  speak  the  third  time  on  any  sub- 
ject." 

Mr.  Chase  of  Manchester.  —  I  think  1  will  not  accept  it,  for 
this  reason ;  sometimes  one  person  will  want  to  say  something 
that  might  be  very  important. 

Mr.  Duncan  of  Jaffrey.  —  I  would  like  to  ask  if  this  is  adopted 
if  it  will  apply  to  the  Committee  of  the  ^Yhole  ;  it  seems  to  me  it 
ought  to. 

The  President.  —  1  don't  think  it  would. 

On  a  viva  voce  vote  the  resolution  was  adopted. 

On  motion  of  Mr.  Lyford  of  Concord,  the  rules  were  so 
far  suspended  that  Resolution  No.  1,  Relating  to  the  Taxation 
of  Growing  Wood  and  Timber,  was  taken  from  the  table. 

Mr.  Lyford  of  Concord  moved  that  the  Convention  resolve 
itself  into  Committee  of  the  AVhole  for  the  purpose  of  consid- 
ering Resolution  Xo.  1,  Relating  to  the  Taxation  of  Growing 
Wood  and  Timber. 

Question  being  on  the  motion  of  Mr.  Lyford  of  Concord,  — 

Mr.  Wooddury  of  Woodstock.  —  Gentlemen,  I  understand  there 
are  three  resolutions  that  have  been  introduced  in  regard  to  the 
matter  of  taxation,  and  1  hope  that  when  we  consider  these  reso- 
lutions pertaining  to  the  matter  of  taxation,  that  we  can  con- 
sider the  three  resolutions  together  in  a  Committee  of  the  Whole. 
I  am  going  to  take  only  a  few  minutes  of  your  time.  I  am  not 
going  to  take  more  than  two  minutes.  I  think  the  issue  before 
this  Convention,  and  the  only  issue,  is  to  submit  some  kind  of  a 
feasible  proposition  to  the  voters  of  this  State  in  regard  to  our 
taxation  laws.  Now  there  are  three  amendments  proposed.  1 
think  one  gives  all  the  powers  to  the  Legislature ;  it  does  not 
specialize  any  particular  method  of  taxation,  but  it  gives  the  Leg- 
islature the  entire  control  of  the  situation,  as  I  understand  it, 
so  far  as  it  can  be  given.  The  first  resolution  pertains  to  one 
particular  subject  or  possibly  two.  1  think  if  we  are  going  to 
present  any  feasible  proposition  to  the  people,  we  must  present 
some  proposition  that  is  going  to  be  fair,  and  understood  to  be 
fair,  to  all  sectibns  of  the  State.    Now  1  hope  that  the  gentleman 


TsuKSDAY,  June  6,  1918.  75 

from  Concord  will  accept  my  suggestion,  which  is  that  these 
three  measures  be  considered  in  a  Committee  of  the  Whole  to- 
gether, and  then  after  the  consideration  by  the  Committee  of  the 
Whole,  and  the  Convention  understands  just  what  the  feeling  on 
that  question  is,  then  from  these  three  resolutions  there  may  be 
some  sort  of  proposition  framed  up  by  the  Committee  on  Legis- 
lative Department  that  can  be  brought  before  this  Convention 
and  adopted.  Then  we  can  go  before  the  people  with  some  kind 
of  proposition  that  will  relieve,  as  they  say  there  should  be 
some  relief  in  regard  to  taxation,  so  far  as  our  Constitution  is 
concerned.  When  that  is  done,  I  am  perfectly  willing,  so  far 
as  I  am  concerned,  to  see  this  Convention  adjourned  to  some 
future  time  to  consider  other  amendments  and  to  go  home,  and 
I  hope  the  gentleman  from  Concord  will  accept  my  suggestion. 
Mr.  Lyford  of  Concord.  —  I  should  be  very  glad  personally  to 
oblige  the  gentleman,  but  I  think  that  we  will  make  more  prog- 
ress at  this  stage  of  the  Convention  by  considering  this  concrete 
proposition.  The  amendment  is  a  part  of  the  amendment  that 
was  worked  out  in  the  last  Convention.  It  was  coupled  with  an 
amendment  classifying  property  of  the  kind  known  as  intangi- 
bles. As  I  understand  the  gentleman's  amendment,  which  he  was 
kind  enough  to  show  me,  it  opens  the  door,  with  no  restrictions, 
to  legislation  on  the  question  of  taxation ;  and  the  other  amend- 
ment to  which  he  refers,  1  presume  is  the  one  which  1  introduced 
which  is  the  amendment  in  regard  to  income  taxes  and  which 
would  cover  the  intangible  proposition.  1  have  no  wish  in  this 
matter  one  way  or  the  other,  but  it  is  my  belief  that  today  you 
can  take  up  this  amendment  on  the  question  of  the  taxation  of 
growing  wood  and  timber  and  reach  a  vote  one  way  or  the  other 
on  it.  The  amendment  of  the  gentleman,  to  which  he  refers, 
that  he  has  introdiiced,  is  a  very  broad  amendment.  Whether 
I  am  in  favor  of  it  or  whether  this  Convention  is  in  favor 
of  it,  it  may  require  a  good  deal  of  discussion.  It  seems  to  me 
that  it  is  a  great  deal  better  this  afternoon,  at  this  stage  of 
the  proceedings,  to  consider  this  amendment  that  needs  no 
tinkering  as  to  its  phraseology,  instead  of  coupling  it  with  other 
amendments  that  will  naturally  go  to  committees. 

Mr.  Duncan  of  Jaffrey  moved  to  amend  the  resolution  of 
Mr.  Lyford  of  Concord  by  adding  thereto,  Eesolution  No.  2, 
Relating  to  the  Powers  of  the  General  Court,  and  Resolution 
No.  5,  Relating  to  Taxation. 


76  JouKN'AL  OF  Constitutional  Convention. 

Question  being  on  the  motion  of  Mr.  Duncan  of  Jaffrey  to 
amend  the  motion  of  Mr.  Lyford  of  Concord,  — 
Mr.  Duncan  of  Jaffrey.  —  Mr.  President,  it  is  a  maxim  that  "  the 
whole  includes  a  part."  Now  the  proposition  of  the  gentleman 
from  Woodstock  covers  the  whole  field  of  taxation.  It  seems  to 
me  that  that  is  the  first  question  to  be  decided,  whether  this  Con- 
vention is  going  to  submit  a  wide  open  amendment  or  not. 
After  the  Convention  has  decided  whether  or  not  to  do  so,  if  it 
decides  it  will  submit  the  Woodbury  amendment  or  some  modifi- 
cation of  it  then  there  will  be  no  further  need  of  discussing  the 
, forestry  amendment;  if  on  the  oHier  hand,  the  Convention  de- 
cides not  to  submit  the  Woodbury  amendment,  then  will  be  the 
proper  time  to  take  up  the  parts,  the  forestry  amendnient  and 
the  amendment  proposed  by  the  gentleman  from  Concord,  Mr. 
Lyford.  It  seems  to  me  that  the  first  thing  for  us  to  do  is  to  dis- 
cuss the  whole  question  before  we  try  to  discuss  parts  of  the 
question. 

On  a  viva  voce  vote  the  motion  of  Mr.  Duncan  of  Jaffrey 
to  amend  the  motion  of  Mr.  Lyford  of  Concord,  did  not  pre- 
vail. 

Question  being  on  the  motion  of  Mr.  Lyford  of  Concord,  — 
On  a  viva  voce  vote  the  motion  was  adopted. 

In  Committee  of  the  Whole. 

(Mr.  Snow  of  Eochester  in  the  Chair.) 

Mr.  Ay  res  of  Franconia.  —  Mr.  Chairman,  I  rise  not  to  address 
'the  House,  but  merely  to  ask  a  question  as  to  its  pleasure.  We 
have  in  this  body  several  specialists  upon  the  subject  of  forest 
taxation.  One  of  these  is  Professor  Updyke  of  Dartmouth  Col- 
lege, whose  specialty  is  taxation  and  who  has  studied  the  sub- 
ject of  forests  in  the  State ;  another  is  Mr.  J.  H.  Foster  of 
Waterville,  formerly  Professor  of  Forestry  at  our  State  College ; 
and  Mr.  Amey,  our  Tax  Commissioner,  who  has  paid  special 
attention  to  forest  taxation ;  and  I  ask  if  it  would  be  the  pleasure 
of  this  House  to  hear  from  these  gentlemen. 


Thursday,  June  6,  1918.  77 

Mr.  Amey  of  Lancaster.  —  1  was  not  aware  that  1  was  to  be 
drawn  into  the  fray.  I  may  decide  to  discuss  this  question,  but 
I  want  it  understood  that  1  am  not  to  be  delegated  to  discuss  it. 

Mr.  Ayres  of  Franconia.  —  If  it  is  not  the  pleasure  of  the  Con- 
vention to  hear  from  the  specialists,  1  would  like  to  make  a  few 
remarks  of  my  own.  What  1  will  say  is  merely  to  introduce  the 
subject.  1  have  already  said  to  the  Convention  that  the  forests 
of  the  State  are  one  of  its  fundamental  resources.  It  is  esti- 
mated that  in  the  pine  woods  alone  we  have  upwards  of  fifty 
million  dollars  in  value  in  this  State.  The  United  States  census 
of  1900  has  given  us  the  information  that  taking  our  woodlands 
as  a  whole,  there  was  at  that  time  annually  sixteen  million 
dollars  of  gross  revenue  from  our  woods.  This  is  probably  very 
much  larger  now  and  possibly  double.  This  gross  income  is  used 
in  paying  our  men  who  operate  the  woodlands,  and  the  families 
that  work  in  the  wood-working  factories  and  mills,  of  which 
there  are  about  six  hundred  in  the  State.  Another  fundamental 
resource  of  New  Hampshire  is  its  water  power.  The  water 
powers  of  New  Hampshire  are  used  very  largely  by  other  States, 
but  the  water  power  depends  in  a  large  measure  upon  th  condi- 
tion of  the  standing  woods  in  New  Hampshire.  There,  of  the 
two,  our  woods  are  the  more  fundamental. 

Woodlands  in  New  Hampshire  have  disappeared  very  rapidly, 
largely  from  the  advance  in  price  of  timber  and  from  the  system 
of  forest  taxation  under  the  Constitution  and  laws  of  the  State, 
which  the  Tax  Commission  has  endeavored  to  enforce.  It  is 
reckoned  in  the  judgment  of  some  of  us  who  have  been  much 
in  the  woods  and  have  studied  the  situation,  that  the  present  con- 
dition is  seriously  at  fault,  and  that  by  an  amendment  to  the 
Constitution  it  can  be  improved.  Indeed,  the  last  report  of  the 
Tax  Commission  has  suggested  this  to  be  the  fact,  and  has 
given  the  resolution  unded  discussion. 

Timber  grows  slowly.  The  forest  experts  have  shown  that 
spruce  increases  seldom  at  a  rate  of  more  than  two  per  cent 
a  year ;  that  pine  will  grow  faster,  depending  upon  its  site ;  on 
a  first  class  site  in  New  Hampshire,  it  may  sometimes  reach 
a  growth  of  five  per  cent  a  year.  As  a  rule,  pine  in  New  Hamp- 
shire increases  from  two  to  three  and  a  half  per  cent  a  year. 
These  are  facts  you  can  easily  verify  by  others  who  have  studied 
the  subject,  and  they  all  agree.  If  your  tax  rate  is  two  per  cent 
a  year  and  the  growth  two  per  cent  a  year,  the  entire  income 
of  your  forest  for  the  year  is  taken  up  in  taxes.  If  your  taxes 
are  more  than  two  per  cent  a  year  and  your  growth  is  less  than 
two  percent  a  year,  there  has  to  be  taken  out  of  your  pockets 
something  more  than  your  total  annual  forest  growth  to  pay  the 


78  JouK^AL  OF  Constitutional  Convention. 

taxes.  In  order  to  determine  your  final  profit  this  sum  which 
you  have  to  pay  out  annually  has  to  be  compounded  at  say  four 
per  cent  interest  until  the  final  returns  from  your  timber  is  in, 
then  deduct  from  the  price  you  get  for  your  lumber.  This  is 
confiscatory  taxation.  I  understand  it  is  the  habit  of  the  tax 
assessors  in  all  States  to  regard  anything  that  takes  fifty  per 
cent  of  the  annual  produce  as  confiscatory.  We  have  in  New 
Hampshire  a  system  of  forest  taxes  that  takes  the  entire  profit 
in  many  cases,  and  sometimes  takes  more  than  the  value  of  the 
annual  growth. 

Why  then  are  people  so  anxious  to  buy  up  timberlands  and 
hold  them?  The  reason  is  because  we  have  been  on  a  steadily 
advancing  market  in  timber  for  a  number  of  years.  Since  the 
war  broke  out.  the  price  of  timber  has  advanced  very  much  more 
rapidly  than  before.  That  advance  in  price  has  been  a  market 
condition  'and  the  profit  in  holding  timber  has  been  speculative 
more  than  a  stable  profit.  Timber  would  have  disappeared  be- 
cause of  taxation  very  much  more  rapidly  than  it  has  had  there 
been  a  stable  market  for  timber  all  the  time.  Timber  has 
fluctuated  in  the  last  ten  years  more  or  less  in  value.  After  the 
Civil  War  there  was  a  considerable  slump  in  timber,  and  there 
may  be  a  considerable  slump  after  this  war  is  over.  Just  as 
soon  as  the  enhanced  present  value  of  timber  is  realized  and  the 
Tax  Commission  enforces  the  law,  that  is,  places  full  assessment 
upon  the  new  high  values,  and  thus  doubles  the  taxes  which  we 
are  now  paying  upon  our  timber,  a  considerable  part  of  our 
forest  lands  will  be  forced  upon  the  market.  Those  of  you  who 
come  from  the  southern  towns  in  New  Hampshire  know  better 
than  I  can  tell  you  the  extent  to  which  the  timber  is  being  cut 
off,  and  many  of  you  know  the  exact  reason  Avhy  it  is  cut  off, 
because  the  owner  hasn't  ready  money  to  pay  out  in  taxes  every 
year  until  he  cuts  his  woodland.  Some  of  the  towns  have  re- 
sponded more  than  others  to  the  efforts  of  the  Tax  Commission 
to  enforce  the  law.  Some  of  the  towns  have  continued  to  do 
about  what  they  thought  was  right  to  the  timber,  because  they 
knew  to  enforce  the  law  would  be  practically  to  make  more  diffi- 
culties for  the  town.  Other  towns,  in  need  of  additional  revenue, 
have  responded  to  pressure  from  the  Commission.  The  result 
is  we  have  great  unevenness  between  the  different  towns,  and 
sometimes  we  have  great  unevenness  in  the  same  town.  Analyze 
the  situation.  The  result  is  that  we  have  almost  as  many  sys- 
tems of  forest  taxation  as  we  have  assessors. .  Some  of  the  towns 
that  are  short  of  revenue  have  yielded  to  the  pressure  of  en- 
forcement of  the  law,  and  those  not  in  need  of  the  revenue  have 
let  the  timber  remain  at  the  lower  rates.    Because  it  is  impos- 


Thuesday,  June  6,  1918.  79 

sible  to  enforce  the  present  law,  Ave  ask  for  the  passage  of  this 
amendment. 

As  1  have  said  before,  this  is  not  an  attempt  on  the  part  of 
the  timber  ow^ners  to  escape  taxation.  The  votes  and  remarks 
of  the  large  timber  owners  in  this  body  since  yesterday  morn- 
ing have  shown  3  ou  that  the  large  timber  owners  are  not  par- 
ticularly interested  in  changing  forest  taxation.  It  is  in  the 
interest  of  the  small  owners,  who  hold  four-fifths  of  ail  the 
timber  in  New  Hampshire  that  we  ask  this  amendment,  and 
it  is  largely  in  the  pine  region,  where  the  selectmen  and  every- 
body else  knows  the  value  of  the  timber  lot,  and  where  it  is 
not  easy  to  evade  the  enforcement  of  the  law  which  says  full 
valuation  shall  be  taxed  every  year.  Therefore,  gentlemen,  in 
the  interest  of  the  small  woodland  owner,  and  particularly  in 
the  pine  region  of  the  State,  which  brings  in  possibly  as  much 
as  eight  million  dollars  a  year  gross  revenue,  we  ask  you  to 
amend  the  Constitution  in  such  a  manner  that  the  tax  may  be 
differently  applied  and  come  to  payment  at  the  time  when  the 
timber  is  cut  and  the  owner  will  have  something  to  pay. 

Now  there  is  only  one  other  point  upon  which  I  will  detain . 
you,  and  that  is,  what  will  become  of  those  towns  in  which  the 
present  tax  revenue  comes  largely  from  timber,  where  the  pop- 
ulation is  small  and  the  property  values,  except  timber,  are  small, 
and  yet  they  have  schools  and  roads  to  maintain.  This  has 
been  worked  out  in  the  States  of  Massachusetts,  Vermont,  Con- 
necticut and  Pennsylvania  in  a  way  that  is  satisfactory  to  the 
towns  affected.  I  believe  that  the  best  system  is  by  some  ar- 
rangement of  an  amount  to  be  loaned  by  the  State,  by  which 
the  tax  burdens  of  those  towns  can  be  relieved,  at  least  in  their 
payments  to  the  State,  until  the  timber  is  cut  and  the  tax  is 
paid  to  the  town.  At  any  rate,  this  problem  is  being  worked 
out  satisfactorily  in  other  States.  The  language  of  the  law  in 
Massachusetts  is  very  cumbersome,  but  the  meaning  is  plain,  and 
we  can  adopt  a  system  in  New  Hampshire  that  will  meet  that 
need,  but  this  is  properlj'-  a  matt^  for  the  Legislature.  There- 
fore, gentlemen,  as  a  representative  of  the  Forestry  Associa- 
tion of  the  State,  I  ask  you  for  the  protection  of  our  forests, 
and  I  ask  you  to  pass  this  amendment. 

Mr,  Ahhe  of  Dublin.  —  I  am  quite  anxious  to  hear  these  other 
gentlemen  speak  of  whom  Mr/  Ayres  has  spoken.  I  suggest 
they  give  us  their  views. 

Mr.  Foster  of  Waterville.  —  Mr.  Chairman  and  Gentlemen,  my 
name  has  been  mentioned  here,  so  1  felt  perhaps  I  ought  to 
voluntarily  come  forward  and  say  something.  My  interest  in 
the  question  of  forest  taxation  dates  back  to  about  ten  years 


80  JouKNAL  OF  Constitutional  Convention. 

ago  when  I  was  in  the  employ  of  the  Government,  in  the  for- 
est service.  At  that  time  the  Government  was  cooperating  with 
our  New  Hampshire  Forestry  Commission  in  a  study  of  the 
question  of  forest  taxation,  with  a  view  of  finding  out  just 
what  effect  the  general  tax  law  had  in  the  cutting  off  of  tim- 
ber lots.  I  spent  at  that  time  some  six  months  in  the  State 
of  New  Hampshire  studying  the  question  and  looking  at  the 
wood  lots,  particularly  in  the  southern  part  of  the  State,  as 
well  as  some  larger  timber  tracts  in  the  northern  part.  My 
report  was  published  in  the  report  of  the  Forestry  Commis- 
sion for  the  year  1909-1910,  and  showed  very  much  what  Mr. 
Ayres  has  stated  to  you :  that  there  was  great  irregularity  in 
the  method  of  assessing  lots ;  in  some  towns  lots  were  assessed 
very  much  higher  than  they  were  in  others,  and  lots  in  the  same 
towns  were  not  always  assessed  equally  or  fairly  as  between 
them.  There  were  all  sorts  of  variations;  but  in  general,  it 
was  shown  that  where  the  lots  were  assessed  highly,  the  lots 
were  being  cut  off  more  rapidly  than  where  they  were  not 
fully  assessed.  This  was  quite  a  long  time  ago  and  I  haven't 
the  details  fully  in  mind.  Several  years  after  I  went  to  Dur- 
ham as  Professor  of  Forestry,  and  in  cooperation  with  the  For- 
estry Commission  and  the  Tax  Commission,  it  was  my  pleasure 
to  make  another  study  of  the  same  250  or  300  timber  tracts  I 
had  examined'  in  1907.  These  lots  were  reexamined,  and  also 
the  conditions,  which  had  changed  since  the  time  when  I  first 
made  the  study,  were  looked  into  to  find  out  what  had  hap- 
pened to  these  lots  in  the  meantime.  1  wish  I  had  my  figures 
in  detail  with  me  here  now ;  but  1  wanf  to  say  to  you  that  most 
of  these  timber  lots  which  I  had  examined  in  1907  and  which 
I  further  reexamined  in  1912,  I  think,  or  1913,  had  been  cut  off, 
and  those  which  had  not  been  cut  off  were  being  held  for 
esthetic  purposes,  and  the  taxation  of  these  lots  had  been  raised 
very  much  above  what  they  had  been  when  I  had  first  studied 
them,  and  the  presumption  was  rather  clear  that  these  lots 
had  been  for  the  most  part  forced  on  the  market  by  the  con- 
stantly increasing  valuation.  These  lots  were  mostly  in  the 
southern  part  of  the  State.  My  interest  never  has  been,  in  so 
far  as  the  study  of  taxation  is  concerned,  applicable  to  the 
northern  part.  I  believe  that  the  timber  lots,  the  big  timber 
tracts,  are  so  much  vaster  than  the  wood  lots  which  are  parts 
of  farms,  that  we  can  hardly  consider  them  at  the  same  time, 
but  it  seems  in  my  judgment  that  the  farm  wood  lots  have 
suffered  tremendously  from  the  effect  of  high  valuation. 

Now  any   forester   can  show  you  by  means   of  figures,   and 
very    simple    figures,    that   timber    does    not    grow    as    fast    as 


Thursday,  June  6,  1918.  81 

some  people  think  it  does.  Some  good  live  pine  lots  do  grow 
fast,  but  the  majority  of  lots  grow  slowly;  two  per  cent  on 
the  volume  per  year  is  about  as  much  as  any  standard  timber 
lot  will  grow.  Now  that  isn't  very  much,  and  when  we  tax  it 
two  per  cent,  we  are  taxing  all  the  value  it  increases.  In  other 
words,  you  are  taking  away  the  income,  and  if  you  have  only 
growing  timber,  the  principal  that  is  in  that  timber  is  not  great 
enough  so  that  you  can  get  all  you  should  if  you  put  it  on 
the  market  and  cut  it  ott'.  In  other  words,  it  has  a  prospec- 
tive value  which  is  enormous ;  but  it  has  at  the  time  only  a 
small  value,  which  it  would  be  possible  to  obtain  if  you  put  it 
on  the  market.  If  you  took  away  the  income  which  that  lot 
has  in  the  growing  timber,  by  means  of  taxation,  it  lessens 
the  principal  which  is  there,  and  the  burden  on  the  owner 
has  got  to  be  taken  awaj^  either  by  his  cutting  the  timber  or 
else  we  have  got  to  change  our  system  of  taxing  that  land. 
The  growing  timber  in  this  country,  and  particularly  in  the 
southern  part  of  our  State,  is  being  cut,  as  I  believe,  very 
largely  through  the  fact  that  the  farmer  and  the  owner  do  not 
have  the  money  to  pay  the  taxes  on  the  lot,  or  if  they  do  pay 
they  have  to  obtain  funds  from  some  other  property ;  and  if 
they  intend  to  hold  the  growing  timber,  they  have  got  to  hold 
it  at  more  or  les's  of  a  sacrifice. 

Now  I  know  these  facts  are  true,  and  while  I  cannot  present 
them  to  you  in  the  way  I  would  like  to  do  and  as  I  would 
if  I  had  all  my  figures  before  me,  yet  I  want  to  impress  upon 
you  there  is  a  time  coming  when  we  will  need  to  change  taxa- 
tion. It  may  be  now  or  it  may  be  best  to  wait  for  awhile.  I 
have  no  final  solution  to  offer.  I  could  tell  you  perhaps  wuat 
systems  they  are  using  in  Europe  and  other  States ;  and  this 
I  can  tell  you,  the  truth  is  we  cannot  assess  this  growing  timber 
in  the  same  waj'  that  we  assess  other  property.  You  can  not 
get  an  annual  income  from  it.  It  is  there,  laying  on  new 
wood  each  year,  but  it  cannot  pay  taxes  year  after  year  at 
the  same  valuation  j^ou  assess  other  property.  If  you  do  it 
becomes  confiscatory.  Where  people  have  made  money  in  pine 
lots  or  other  lots  is  the  fact  that  they  have  had  a  rapid  increase 
in  stumpage,  a  speculative  value.  That  speculative  value  has 
made  a  lot  of  money  for  people,  and  has  nothing  to  do  with 
taxation.  We  know  there  is  money  in  speculation ;  buying  a 
lot  cheaply  and  cutting  it  and  selling  it,  you  make  money 
from  it,  but  speculative  value  is  not  something  yoii  can  count  on. 
We  all  know  prices  are  high  today.  They  may  go  higher  but 
they  may  not.  The  principle  of  taxing  the  full  value  of  tim- 
ber lots  is  unjust  and  any  forester  who  has  studied  it  will  tell 


82  Journal  of  Constitutional  Convention. 

you  so.  As  to  the  solution,  I  don't  know.  I  have  tried  to  work 
out  a  solution,  and  I  have  been  discouraged.  Others  have  tried, 
and  some  States  have  passed  very  gool  laws  in  regard  to  it. 
This  I  do  ask  you  to  do,  that  is,  make  it  possible  to  assess 
all  growing  timber  lands  differently  than  we  assess  general 
property.  Then  as  to  the  manner  of  assessing,  leave  that  to 
further  investigation  and  the  Legislature  to  determine;  but 
make  it  possible  to  assess  it  differently  than  we  do  other  gen- 
eral property.  Whatever  way  they  might  work  out  the  problem 
isn't  a  question  for  us  to  decide  or  for  me  to  try  to  tell  you 
about.     I  feel  certain  that  it  is  only  a  matter  of  justice. 

X  would  be  very  glad  to  try  to  answer  any  questions  you 
may  have,  but  1  am  not  a  public  speaker,  and  I  cannot  think 
at  this  moment  what  else  1  might  say  to  you  that  would  be  of 
any  importance. 

Mr.  Ayres  of  Franconia.  —  1  would  be  glad  to  distribute  a  num- 
ber of  copies  of  your  report,  which  1  have  not  at  hand  this 
moment,  but  we  can  have  them  here  tomorrow  morning. 

Mr.  Foster  of  Waterville.  —  I  might  add  further  that  you  will 
not  find  the  big  timber  njen  of  the  country  interested  in  this.  I 
know  they  are  not.  The  big  timber  land  owners  of  the  north 
are  not  going  to  profit  by  anything  we  might  do  to  change  the 
assessment  of  growing  timber  lands.  We  do'  not  necessarily 
want  them  to,  but  we  want  to  save  our  growing  timber,  and 
you  will  find  that  the  people  who  are  being  hurt  by  the  present 
assessment  and  who  are  anxious  for  some  change  are  the  small 
farmers,  who  haven't  very  much  money  but  who  have  growing 
timber  lots  in  connection  with  their  farms.  Those  are  the  peo- 
ple who  are  suffering  and  whom  we  want  to  favor  and  help  if 
it  is  possible  to  do  it. 

Mr.  Towne  of  Franklin.  —  Mr.  President  and  Gentlemen  of  the 
Convention,  when  I  accepted  the  nomination  and  election  to 
become  a  member  of  this  body,  I  came  with  the  same  thought 
that  many  of  you  did,  as  expressed  yesterday,  that  it  was  neces- 
sary for  us  only  to  come  here  and  adjourn  to  some  more  appro- 
priate time.  Since  then  1  have  conversed  with  men  from  all 
sections  of  the  State.  I  have  read  practically  every  newspaper 
published  in  the  State ;  and  I  have  found  there  was  one  question 
which  weighed  upon  the  minds  of  the  people  and  which  they 
desired  to  have  settled  and  settled  in  a  satisfactory  manner,  and 
that  was  this  question  of  taxation,  and  so  for  that  reason  and 
that  reason  only,  I  voted  no,  yesterday,  on  the  question  of 
adjournment,  entirely  different  from  what  I  expected  to  vote 
when  I  w^as  elected  last  March.  I  wish  to  emphasize,  if  I  may, 
what  has   been   said  by   the   gentleman  who   has   just   spoken. 


Thursday,  June  6,  1918.  83 

that  the  passage  of  this  resolution  isn't  something  which  will 
benefit  the  wealthy  land  owner  or  the  wealthy  timber  owner. 
It  was  this  thought  which  defeated  the  amendment  which  was 
recommended  eight  years  ago,  I  am  very  sure.  The  southern 
part  of  the  State,  you  will  remember,  voted  practically  for  the 
amendment,  while  the  northern  part  of  the  State  voted  against 
it.  The  men  who  own  large  tracts  of  timber  do  not  need  this 
amendment.  They  don't  care  for  it.  Why?  Because  their  tim- 
ber is  ripe  for  the  cutting,  and  if  an  assessment  was  made  where- 
by the  timber  now  should  be  taxed  at  its  full  value,  they  would 
be  taxed  more  than  what  they  care  to  pay.  As  one  of  them 
said  within  a  day  or  two  privately,  "  We  have  had  our  taxes  paid 
before  we  bought  the  timber ;  "  and  the  man  who  owned  the 
land  and  allowed  the  timber  to  grow  upon  that  land  was  the 
man.  who  had  paid  the  taxes.  Gentlemen,  an  amendment  of 
this  kind  will  benefit  the  men  who  have  timber  lots  of  ten, 
twenty  or  forty  acres ;  and  gentlemen,  a  member  of  this  Con- 
vention, whose  name  I  do  not  know,  with  whom  1  was  speak- 
ing this  morning,  told  me  that  he  recently  sold  two  hundred 
thousand  of  pine  simply  because  the  taxes  were  eating  it  up. 
Now,  you  gentlem^en  who  understand  the  growth  of  timber  know 
that  a  tree  ten  or  twelve  or  fifteen  inches  in  diameter  is  grow- 
ing very  rapidly ;  it  is  increasing  in  value  very  much  faster  than 
it  did  for  the  first  ten  years  of  its  life.  That  is  the  time,  gen- 
tlemen, when  that  tree  should  be  allowed  to  grow,  but  as  the 
law  now  stands,  and  as  the  Tax  Commission  insists  upon  prop- 
erty "being  taxed  at  its  full  value,  if  those  trees  are  taxed  at 
their  full  value  year  after  year,  the  tax  becomes  so  large  that 
the  small  farmer,  especially,  as  was  said  by  the  gentleman  pre- 
ceding me,  is  obliged  to  sell  to  obtain  the  money  to  pay  his  taxes, 
and  in  that  way  the  man  who  owns  the  lumber  not  only  loses 
the  value,  but  the  State  also  loses  that  value.  Timber  in  the 
State  of  New  Hampshire  is  an  asset  for  the  State,  and  the  more 
timber  we  have  the  more  value  the  State  possesses. 

Now  I  haven't  very  much  to  say.  There  are  other  arguments 
which  will  be  made  to  you  by  other  gentlemen ;  but  I  do  want 
to  say  this  much  more  to  you.  1  have  explained  why  the 
amendment  was  defeated  eight  years  ago,  in  my  opinion,  and  how 
it  should  now  be  reconsidered  and  made  a  part  of  the  work  which 
this  Convention  should  do,  and  the  matter  referred  back  to  the 
people  to  let  them  vote  upon  it,  and  if  necessary,  and  probably  it 
is  best,  to  vote  upon  this  question  of  taxation  separately  from 
the  question  of  the  taxation  of  intangibles.  I  believe  that  these 
two  amendments  are  the  most  important  amendments  that  can 
be  brought  before  this  Convention  today.    We  may  believe  there 


84  Journal  of  Constitutional  Convention. 

are  many  other  things  in  the  Constitution  which  should  be 
changed ;  perhaps  almost  any  one  of  us  could  rewrite  it  to  suit 
•ourselves  better  than  it  stands  now ;  but  these  are  the  two 
most  important  things  to  be  considered,  and  I  hope  they  Avill 
be  considered  carefully  and  conscientiously,  and  that  before  we 
adjourn  we  shall  have  passed  suitable  amendments,  so  worded 
that  they  will  carry  conviction  to  the  voters  and  that  they  will 
become  a  part  of  the  Constitution  of  the  State  of  ^ew  Hamp- 
shire. 

Mr.  Duncan  of  Hancock.  —  It  may  be  presumptuous  for  me  to 
get  up  here  to  speak  to  you.  I  am  not  an  orator  or  a  statesman. 
I  am  one  of  these  farmers  that  have  been  referred  to  here,  in 
whose  interests  some  of  these  people  seem  to  be  laboring,  but  we 
don't  look  at  it  in  just  that  way  ourselves.  Now,  to  answer  first 
some  of  the  things  that  were  said  last.  The  two  last  gentlemen 
have  said  it  was  the  small  farmer,  the  man  who  has  a  small 
woodlot  who  is  interested  in  these  amendments  about  taxation. 
Now,  think  for  a  minute,  gentlemen;  if  I  have  a  farm  of  two 
hundred  and  fifty  acres  and  perhaps  as  much  more  in  wild  land  — 
I  am  not  here  to  boost,  as  the  girl  said  who  went  to  confession. 
She  said  :  "  Your  Kiverence,  I  have  to  confess  that  Mike  Mahony 
kissed  me."  He  said:  "Did  he  kiss  you  more  than  once?"  and 
she  said ;  "  1  am  not  here  to  boast,  1  am  here  to  confess."  I  am 
not  here  to  confess,  but  merely  to  say  if  your  town  in  which 
you  reside  raises  $20,000  in  taxation,  and  one-half  of  your  prop- 
erty is  exempted  or  greatly  reduced,  why  doesn't  it  double  up  on 
the  other  half?  Now  we  are  common  people  here  today,  that  is, 
some  of  us ;  we  haven't  sent  out  hundreds  of  dollars'  worth  of 
circulars  and  personal  letters  in  the  interests  of  the  side  that 
retains  us ;  we  didn't  have  a  preliminary  meeting ;  we  didn't 
choose  a  steering  committee  to  see  this  thing  through ;  but  it 
seems  to  me  this  side  should  be  heard. 

I  have  been  a  little  interested  in  this  for  several  years,  and  I 
just  noted  down  a  few  of  the  facts  which  interested  me  in  con- 
nection with  this  subject.  Now  it  was  said  here  yesterday  by 
the  gentleman  from  Concord  that  this  amendment  lacked  only  a 
few  votes  of  passing  eight  years  ago.  After  hundreds  of  dollars 
had  been  spent  in  sending  out  circulars  to  the  people  and  in 
writing  them  personal  letters  urging  them  to  vote  for  the  amend- 
ment, the  vote  stood  in  1912,  12,637  in  favor  of  this  amendment 
and  23,108  against  it. 

Most  of  the  circulars  sent  to  the  members  this  year  state  that 
the  main  reason  for  calling  this  Convention  was  for  the  relief  of 
these  timber  owners.  Now  look  at  your  red  book  which  we  all 
received.     Out  of  about  85,000  voters,  21,598  voted  for  this  Con- 


Thursday,  June  6,  1918.  85 

vention;  14,520  voted  ag-ainst  it;  not  a  very  imperative  call,  it 
seems  to  me,  if  this  was  a  matter  of  such  great  interest  and 
after  so  much  effort  had  been  made  to  arouse  interest  in  this 
subject. 

In  the  Convention  seven  years  ago  a  young  lawyer  from  Man- 
chester, whom  I  afterwards  learned  was  secretary  of  the  Tim- 
ber-Growers' Association,  said  that  at  the  rate  the  timber  was 
being  cut  in  New  Hampshire,  in  ten  years  there  would  not  be  a 
log  big  enough  to  saw  an  eight-inch  board.  I  don't  know  but 
he  was  worried  that  if  he  lived  a  great  while  there  would  not  be 
lumber  enough  in  the  State  to  make  him  a  coffin.  I  wish  I 
had  that  young  man  with  me  a  short  time.  I  should  like  to 
show  him  a  little  timber  in  the  southern  part  of  the  State.  The 
last  speaker  claims  there  is  no  timber  in  the  southern  part  of 
the  State.  I  would  like  to  show  him  too  the  property  of  one 
man  who  has  recently  died,  where  the  appraisers  have  found,  as 
they  claim,  some  thirteen  million  feet  of  lumber.  I  would  take 
him  to  the  property  of  another  man  who  has  passed  away,  where 
they  claim  there  are  twenty  million  feet  of  lumber.  I  would  take 
him  to  the  property  of  another  syndicate  or  association  or  com- 
pany, where,  a  short  time  ago,  on  account  of  the  death  of  some- 
body, it  had  to  be  looked  over  and  appraised.  My  son-in-law,  Mr. 
Pickard,  was  interested  in  it,  and  he  told  me  Monday  morning 
they  claimed  over  thirteen  million  feet  on  that ;  and  I  might  go 
on.  One  man  after  the  Convention  convened  and  when  this 
amendment  came  up  —  he  is  a  friend  of  mine,  and  they  say  he  is 
worth  a  million  dollars,  but  that  don't  help  me  any, — ^wrote  me  a 
personal  letter  and  said :  "  I  hope  you  will  vote  for  this  amend- 
ment ;  "  and  today  he  has  property  where  the  pine  is  deteriorat- 
ing. 

Now,  when  Ex-Governor  Batchelder  was  Secretary  of  the  State 
Board  of  Agriculture,  the  State,  through  him,  laid  out  thousands 
of  dollars  advertising  abandoned  farms  and  encouraging  people 
to  come  back  to  the  farms  in  New  Hampshire.  What  is  the  con- 
dition in  the  southern  part  of  the  State?  Wealthy  men  have 
come  in  and  bought  up  large  tracts  of  land,  some  of  them  five  or 
six  or  seven  or  eight  thousand  acres.  We  all  know  something 
about  the  Austin  Corbin  Park,  where  they  have  28,000  acres. 
What  is  the  result?  Whole  school  districts  are  abandoned; 
buildings  are  laid  low.  In  our  section  a  man  has  bought  six  ^or 
seven  thousand  acres,  run  a  barbed  wire  fence  around  it,  and  lets 
it  grow  up  wild.  One  of  these  men  bought  a  farm  in  the  town 
of  Stoddard,  with  a  fine  barn,  all  clapboarded  and  painted,  and 
with  a  good  farm  house.  He  would  not  allow  anybody  to  do 
anything  with  them,  and  the  barn  literally  fell  into  the  cellar. 


86  JouKNAL  OF  Constitutional  Convention. 

and  that  was  within  half  a  mile  of  the  village ;  and  he  just  uses 
it  as  a  shooting  range  and  lets  it  grow  up  to  wild  land.  You 
encourage  these  wealthy  people  to  come  in  and  buy  up  our  wild 
land  by  not  having  them  pay  a  tax,  and  it  seems  to  me  you  are 
just  putting  a  premium  on  abandoning  these  farms;  I  tell  you, 
gentlemen,  we  need  the  farms  and  the  men  back  on  the  farms 
in  these  times,  raising  potatoes  and  beans  and  sheep  and  cat- 
tle, more  than  we  do  to  encourage  these  wealthy  people  to 
come  in  and  buy  up  the  land  and  turn  it  out  wild.  They  won't 
pay  any  income  tax  on  these  lands  if  the  pine  is  growing,  and 
why,  if  it  is  such  a  poor  investment  and  the  taxes  are  eating  up 
all  the  profit  on  the  growth,  are  they  so  anxious  to  buy  the 
land?  I  know  some  that  were  frightened  because  there  wasn't 
going  to  be  any  wood  and  timber  by  and  by.  1  can  remember 
when  1  was  a  boy  they  used  to  say :  "  What  shall  be  do  when 
there  is  no  coal?  what  shall  we  do  when  the  kerosene  is  ex- 
hausted? '  Some  have  been  worrjdng  about  it  ever  since.  Just 
see  what  substitutes  are  being  used  to  take  the  place  of  coal. 
They  discovered  electricity;  and  the  Connecticut  River  Power 
Company  is  generating  electricity  enough  to  take  the  place  of 
the  consumption  of  300,000  tons  of  coal  a  year ;  and  1  read  only 
a  short  time  ago  in  the  Eeview  of  Eeviews  that  George  M.  Mitch- 
ell of  the  United  States  Geological  Bureau,  has  discovered  a  sub- 
stance from  which  gasolene  can  be  made,  and  there  are  large 
quantities  of  it  in  Nevada  and  Wyoming. 

Considerable  has  been  said  about  lumber  being  higher  than  it 
was.  That  is  true ;  but  is  it  higher  on  the  stump,  very  much 
higher?  1  say  no.  1  have  interviewed  lumber  men  who  say  now 
that  the  increase  in  price  is  due  to  the  labor  problem,  that  is, 
the  increased  expense  of  labor.  Then  the  substitutes  for  lumber. 
They  are  not  using  as  much  lumber  in  ships  as  they  used  to ;  they 
are  using  steel  and  cement ;  they  are  not  using  as  much  in  mak- 
ing buildings ;  they  are  using  cement,  brick,  etc.  Passenger  cars 
and  freight  cars  are  being  built  of  steel ;  and  so  you  can  follow  it 
clear  down  through  to  the  farm  and  your  grindstone  frame  or 
the  pail  you  buy  your  white  lead  in.  Something  else  is  being 
substituted  for  lumber. 

I  don't  believe,  gentlemen,  that  the  common  farmer  in  this 
audience  or  his  constituents  at  home,  who  have  little  wood  lots, 
is  anxious  to  see  the  taxes  reduced  on  them  and  the  taxes  put 
upon  the  rest  of  his  property,  when  it  is  going  to  reduce  the 
taxes  on  these  big  estates  of  five  or  six  or  ten  thousand  acres.  Do 
you  know,  gentlemen,  one  twentieth  of  all  the  real  estate  in  the 
United  States  is  now  owned  by  1,694  men.  Do  we  want  to  pass 
any  law  or  make  any  arrangement  or  submit  any  amendment 


Thursday,  June  6,  1918.  87 

here  that  is  going  to  encourage  the  purchase  of  such  large  estates 
by  a  few  wealthy  men,  perhaps  non-residents,  and  in  time  encour- 
age such  a  situation  here  as  has  prevailed  in  Europe?  Abraham 
Lincoln  said  :  "  God  must  have  loved  the  common  people  or  he 
would  not  have  made  so  many  of  them."  1  am  speaking  here  in 
the  interests  of  the  common  people. 

Mr.  Brennan  of  Peterborough.  —  1  know  the  delegate  from 
Hancock  to  be  a  very  honest,  reputable  gentleman  who  would  not 
knowingly  deceive  this  Convention.  He  has  made  an  error.  The 
figures  of  the  State  vote  are  given  by  him  wrong  end  to  and  his 
county  and  his  town  do  not  strongly  support  him  in  the  position 
he  has  taken  before  this  Convention.  As  to  the  statement  of  the 
vote  which  he  gave,  1  wish  to  call  attention  to  the  fact  that  on 
Amendment  No.  3,  which  was  similar  to  the  one  we  are  now  dis- 
cussing, the  State  vote  on  its  adoption  was  not  as  he  gave  it,  but 
was  23,108  yes,  12,636  no ;  that  of  Hillsborough  County,  his  county 
and  mine,  was  largely  yes,  5,807  to  3,180  ;  that  his  own  town  of 
Hancock  was  only  5  majority  no,  while  my  town  of  Peterborough 
was  66  majority  yes. 

While  I  am  on  my  feet,  1  wish  to  express  my  views  very  briefly 
on  this  matter.  We  may  diflfer  as  to  just  what  changes  should 
be  made  by  the  Legislature ;  we  might  indeed  as  legislators  diifer 
as  to  just  how  that  power  should  be  exercised,  but  we  should  here 
in  this  Convention  decide  this  question,  namely :  Should  condi- 
tions remain  just  as  they^  are  or  should  there  be  come  kind  of  a 
change  made,  or  some  further  grant  of  Legislative  power  given 
in  matters  of  taxation?  That  is  the  question.  If  we  come  to  a 
Legislature,  which  has  such  extension  of  taxing  power,  we  must 
then  determine  upon  the  justice  and  wisdom  of  exercising  that 
power,  the  details  of  which  will  have  to  be  worked  out  there ;  the 
question  will  then  be  as  to  just  what  change  if  any  should  be 
made  by  the  Legislature  relative  to  taxing  timber,  intangibles, 
etc.  But  it  will  simplify  matters  here  if  each  of  us  asked  the 
questions :  Should  there  be  any  change  in  present  conditions? 
Should  we  give  any  further  taxing  power  to  the  Legislature? 
Those  who  answer  no,  believing  that  the  present  Constitutional 
curb  should  remain,  will  be  on  one  side ;  and  those  who  believe 
there  should  be  some  change,  —  while  perhaps  not  entirely  clear 
just  what  the  details  should  be,  but  convinced  that  present  con- 
ditions are  bad,  —  will  be  on  the  other  side.  It  seems  to  me  if  we 
divide  ourselves  on  that  preliminary  question,  we  will  make  more 
progress  than  would  be  accomplished  in  going  into  the  details  at 
first.  Of  course,  we  may  discuss  these  details  somewhat  in  deter- 
mining this  question,  but,  Mr.  Chairman,  on  this  particular  mat- 
ter, I  believe  almost  every  person,  in  this  hall  has  discussed  and 


88     Journal  of  Constitutional  Convention. 

heard  this  question  of  extension  of  Legislative  power  discussed, 
and  I  am  satisfied  that  most  of  the  delegates  have  made  up 
their  minds,  not  perhaps  just  what  the  details  should  be  but 
as  to  whether  or  not  there  should  be  any  change  in  our  Constitu- 
tion, giving  more  power  to  the  Legislature  regarding  taxation. 
I  suggest  that  we  keep  our  eye  upon  the  target  and  discuss  the 
question  as  to  whether  or  not  any  change  in  the  Constitution 
in  this  regard  is  desirable.  Those  who  will  say  w^e  do  not  want 
any  change  will  vote  one  way  and  those  who  believe  Legislative 
power  should  be  increased  will  vote  the  other.  1  am  of  the 
opinion  that  our  Legislature  should  be  given  larger  discretion 
in  the  classification  of  property  for  taxation. 

Mr.  Streeter  of  Concord.  —  May  I  ask  a  question?  I  think  other 
members  of  the  Convention  as  well  as  myself,  must  be  confused 
by  the  figures  which  you  and  Mr.  Duncan  have  been  giving  us.  I 
want  to  ask  if  you  are  sure  you  are  right  in  your  statement? 

Mr.  Brennan.  —  I  am  quite  sure  I  am  right ;  1  read  the  record 
of  votes  from  the  Journal. 

Mr.  Streeter.  —  As  1  understand  it,  the  way  you  read  it,  there 
was  a  majorit}^  in  favor  of  about  10,000. 

Mr  .Brennan.  —  I  will  say  to  my  Brother  Streeter  that  there 
was  a  large  majority  in  favor,  but  it  is  necessary  to  have  a  two- 
thirds  vote  to  adopt  an  amendment  to  the  Constitution ;  there 
was  not  a  two-thirds  vote,  but  there  was  a  large  majority  vote. 

Mr.  Amey  of  Lancaster.  —  It  lacked  about  700  of  two-thirds. 

Mr.  Duncan  of  Hancock.  —  I  want  to  apologize  if  I  have  made 
a  mistake.  I  will  say  that  this  matter  has  been  discussed  at  our 
Old  Home  Day  gatherings ;  it  has  been  discussed  at  the  Pomona 
Grange  in  Hillsborough  County.  The  pe.ople  of  Hancock  are  in 
the  habit  of  sending  a  Democrat  to  the  House,  but  although  they 
nominated  a  very  strong  Democrat  against  me,  I  got  almost  two 
votes  to  one  exactly  on  this  issue,  and  I  take  it  the  tow^n  is 
behind  me. 

Now  just  one  other  thing ;  I  wonder  w^hy  it  is  420  or  430  men 
here  are  not  supposed  to  be  as  clever  as  the  men  that  come  to  the 
Legislature ;  are  not  supposed  to  know  as  much  or  to  be  able  to 
discuss  this  matter?  I  w^ondered,  as  I  listened  to  those  who 
believe  in  this  project,  —  they  have  had  preliminary  meetings, 
they  have  an  organization,  and  thej"  have  sent  out  circulars,  this, 
that  and  the  other  —  and  I  wondered  if  it  occurred  to  them  that 
in  the  Legislature  they  could  slide  the  matter  through  a  commit- 
tee and  gext  a  favorable  report  and  the  people  in  the  house 
would  not  have  much  chance  to  discuss  it ;  and  they  could  push 
it  through  the  Legislature  easier  than  they  could  here,  where 
everybody  can  speak  their  mind.     Aft^r  they  failed  to  get  it 


Thursday,  June  6,  1918.  89 

through  the  last  Convention  or  failed  to  get  the  matter  approved, 
in  the  closing  hours  of  the  Legislature  when  Felker  was  Gover- 
nor, they  tried  this  very  thing,  and  Charles  O'Neil  said :  "  It  is 
not  right ;  it  is  not  fair  to  the  people  of  New  Hampshire  to  try 
and  put  through  such  a  momentous  proposition  without  giving 
the  people  plentj'  of  time  to  discuss  the  matter  and  be  heard 
upon  it."  More  than  that,  some  thought  it  would  not '-be  Con- 
stitutional. They  had  people  here  to  try  to  push  it  around  so  it 
would  go.  1  can  remember  when  people  came  here  and  stayed 
all  winter  in  the  "  Third  House  "  and  nothing  was  said  about  it, 
but  lately  they  have  to  register  and  say  what  they  are  here  for 
and  what  they  get.  Among  the  records  there  is  this  item: 
"  The  New  Hampshire  Timber  Growers'  Association :  paid  F.  H. 
Bullard,  $450."  1  don't  know  who  he  is ;  perhaps  it  was  ail  right; 
but  it  simply  shows  there  was  money  being  paid  to  push  this 
thing  through.  1  wasn't  certain  of  the  sentiment  when  1  got 
here,  but  I  have  heard  a  lot  of  talk,  for  my  hearing  is  good  if 
my  sight  is  not.  I  find  a  lot  of  people  who  don't  believe  in  this 
measure,  and  1  find  there  are  a  lot  of  people  here  who  believe 
that  today  we  ought  to  put  our  foot  down  upon  it  so  it  w^on't  bob 
up  again  in  the  Legislature  or  anywhere  else.  1  believe  there  are 
people  here,  just  the  same  as  I  am,  who  were  elected  on  this 
issue  to  come  here  and  do  what  they  could  to  kill  it  out  and 
give  the  common  people  a  chance  to  keep  their  farms  and  live 
on  them. 

Mr.  Mason  of  Keene.  —  Mr.  Chairman  and  Gentlemen,  I  don't 
own  anj^  pine  timber  and  i  don't  expect  to.  1  don't  know  very 
much  about  the  question  of  taxation,  but  1  was  very  much 
interested  in  the  figures  that  were  given  a  few  minutes  ago, 
and  having  experimented  somewhat  with  these  figures,  in  con- 
nection with  another  resolution,  1  tested  them  and  found  the 
same  results  that  the  previous  speaker  has  found ;  but  it  seems 
to  me  yoli  cannot  emphasize  that  fact  any  too  much  at  the 
present  time.  \Miat  was  the  attitude  of  the  people  of  the  State 
of  New  Hampshire  on  this  question  the  last  time  they  voted 
upon  it?  In  the  first  place,  it  was  presented  to  them  tied  up 
with  the  question  of  the  taxation  of  intangibles  and  bank  stock, 
and  I  think  perhaps  that  alone  would  have  caused  the  defeat  of 
either  one  of  these  propositions,  because  there  were  people  who 
were  opposed  to  each  of  these  questions  separately ;  but  in 
spite  of  the  fact  that  it  was  tied  up,  as  it  was,  with  the  taxa- 
tion of  intangibles  and  bank  stock,  23,108  people  voted  in  favor, 
and  12,636  voted  against  it.  If  23,828  had  voted  for  it,  it  would 
have  been  carried ;  that  is,  if  720  more  people  had  voted  for  this 
measure  in  the  whole  State  of  New  Hampshire,  the  amendment 


90  JouEXAL  OF  Constitutional  Convention. 

would  have  been  carried  in  1912,  by  a  two-thirds  vote.  Let's 
fix  that  in  our  minds;  if  only  720  more  people  had  voted  for  it 
or  311  people  had  changed  their  minds  on  that  vote,  tied  up 
as  it  was  with  the  intangibles  and  bank  stock,  it  would  have 
been  carried.  As  I  say,  1  don't  know  much  about  pine  timber 
or  taxation,  but  if  the  people  of  New  Hampshire  came  as  near 
to  passing  this  amendment  at  that  time  it  is  only  fair  to  give 
them  a  chance  to  vote  on  the  question  again,  and  I  hope  the 
motion  will  be  carried. 

Mr.  Hiitchins  of  Stratford.  —  I  assure  you,  gentlemen,  that  I 
will  not  detain  you  long  but  1  have  a  private  opinion  in  regard  to 
the  taxation  of  timber  lands,  growing  wood  and  timber,  and  my 
opinion  is  based  upon  personal  experience  of  nearly  thirty  years 
as  a  lumberman.  To  preclude  my  remarks,  1  will  say  that  I  am 
an  extensive  timber  owner,  myself. 

I  can  assure  you  further,  gentlemen,  that  if  you  look  through 
the  three  northern  counties  of  the  State,  Coos,  Grafton  and  Car- 
rol, which  constitutes  nearly  50%  of  the  area  of  New  Hampshire, 
you  will  find  that  nine-tenths  of  the  men  that  have  become 
wealthy  or  nine-tenths  of  the  estates  that  amount  to  anything 
financially  that  have  come  into  our  Probate  Courts  derived  their 
wealth  directly  or  indirectly  from  timber  projects.  They  have 
not  sufi:ered  under  the  present  rule  of  taxation.  If  the  selectmen 
throughout  the  State  will  enforce  their  good  judgment  and  show 
their  gray  matter  properly,  there  is  no  danger  of  burdening  any- 
body, in  fact  there  is  a  way  of  interpreting  the  present  tax  law 
and  there  is  still  another  way  of  interpreting  the  same  law. 

The  method  adopted  by  the  Town  of  Stratford,  and  I  feel 
that  it  is  a  just  method,  is  as  follows :  The  selectmen  figure  the 
acreage  of  a  lot  and  if  a  man  has  a  few  thousand  acres  of  tim- 
ber they  figure  the  value  of  the  land  proper  for  the  purpose  of 
growing  timber  upon  it,  and  it  is  certainly  worth  more  when  it  is 
a  tract  of  growing  lumber  or  mature  lumber  worth'  $25  per 
thousand  than  it  is  when  it  is  a  growing  tract  and  lumber  is 
worth  only  $10  per  thousand. 

We  tax  our  lands  from  $3  to  $4  per  acre  without  growth,  which 
I  should  say,  on  the  whole,  is  satisfactory  to  everjbody ;  and  if 
we  examine  our  lands  and  find  that  there  is  nothing  growing 
upon  them,  then  we  do  not  tax  them  more  than  the  land  value 
proper,  but  if  there  is  any  more  value  to  it,  we  tax  what  we  find 
in  addition  to  the  land  value.  If  it  becomes  a  property  of  sulfi- 
cient  value  to  buy  and  to  sell  for  the  purpose  t)f  commercial 
gain  we  tax  it  for; as  near  its  true  value  as  we  can  determine, 
taking  into  consideration  location  and  market  value  as  of  April 
1st  each  year,  and  this  we  feel  is  just,  and  -we  are  entitled  to 


Thursday,  June  6,  1918.  91 

exercise  that  right ;  consequently  the  more  timber  we  find  the 
higher  we  place  the  valuation. 

The  Town  of  Stratford  is  worth  a  million  and  a  quarter  of 
dollars  upon  our  tax  books,  and  1  took  pains  to  look  the  day 
before  1  came  here  and  found  that  over  $734,000  was  placed  as 
valuation  of  unimproved  lands,  which  means  growing  wood  and 
timber.  Upon  our  assets,  as  a  whole,  we  have  constructed  a 
fine  brick  schoolhouse  that  cost  us  $35,000.  We  have  also  con- 
structed, under  State  supervision,  fifteen  (15)  miles  of  the  West 
Side  Boulevard,  paid  our  proper  share  toward  its  construction 
and  are  maintaining  it  according  to  law  and  the  present  policy 
!of  the  State  Highway  Department. 

We  have  bonded  the  town  to  pay  for  these  improvements  and 
are  maintaining  a  town  suitable  and  pleasant  in  which  to  live, 
a  fine  place  to  come  for  comfort  and  education,  and,  we  have 
balanced  our  finances  and  expenditures  upon  our  assets,  which, 
of  course,  comprise  our  timber  tax.  If  the  timber  tracts  are 
taken  away  from  us  under  classification,  we  then  become  over- 
balanced and  all  the  expenses  of  the  schooling  of  our  children 
and  the  maintenance  of  our  highways  would  fall  upon  the  day 
laborer  and  the  farmers,  and  I  say,  gentlemen,  that  it  is  an 
injustice  to  try  to  amend  the  Constitution  in  such  a  way  that  it 
will  affect  the  whole  northern  part  of  the  State  directly  and  the 
State  as  a  whole  indirectly.  What  is  true  of  the  niorthern  part 
of  the  State  perhaps  is  also  true  of  Cheshire  and  Sullivan  Coun- 
ties. 

Still  further,  if  you  will  travel  from  Manchester  through  to 
Exeter  over  the  highways  you  will  see  on  that  trip  a  vast 
amount  of  timber ;  apparently  it  has  not  been  cut  because  of 
over-taxation.  Owners  will  tell  you  that  they  will  cut  but  they 
will  not  until  market  and  labor  conditions  are  satisfactory.  This 
question,  gentlemen,  is  largely  a  matter  of  sentiment.  Mr.  Mason 
spoke  of  the  result  of  the  vote  upon  this  subject  when  before 
•the  people  on  a  previous  occasion.  1  can  imagine  how  it  hap- 
pened. People  did  not  understand  the  question  in  all  its  phases. 
They  did  not  wake  up  to  the  true  condition.  Every  one  desires 
to  conserve  our  forests  and  our  resources.  It  is  not  fitting  for  us 
to  come  here  at  this  time,  representing  our  several  communities, 
and  to  endeavor  to  cover  up  a  large  part  of  our  assets,  when  the 
government  is  searching  the  whole  country  with  a  fine-tooth 
comb  to  find  every  available  asset  upon  which  to  make  levy  for 
taxes  and  revenue.  Who  would  we  be  benefiting  by  this  plan? 
Men  and  estates  unquestionably  able  to  pay  the  taxes? 

What  would  be  the  result  on  agriculture  if  the  State  Board 
were  here  advocating  this  measiire?    They  might  not  be  at  fault. 


92  JouEXAL  OF  Constitutional  Convention. 

perhaps,  but  they  certainly  would  be  short  sighted,  for  just  so 
sure  as  this  resolution  is  passed  and  becomes  a  law,  timberlands 
would  be  inflated  to  an  enormous  value,  which  would  make  them 
accessible  only  to  a  wealthy  man  or  corporation.  He  would  have 
no  taxes  to  pay  on  account  of  his  growing  timber. 

Sixty-three  per  cent  (63%)  of  our  State  is  covered  with  tim- 
ber ;  some  of  it  is  brush  to  be  sure,  but  there  is  more  lumber 
standing  today,  if  you  scale  it  properly,  than  ten  years  ago. 
That  may  seem  a  broad  statement  but  i  will  defy  you  to  prove 
that  it  is  not  so.  Taking  the  taxation  in  organized  towns  where 
the  tax  rate  is  one  and  one-half  and  two  and  two  and  one-fourth 
per  cent,  you  would  naturally  suppose  the  tax  would  be  responsi- 
ble for  the  heaviest  cutting,  but  statistics  show  us  differently. 
They  are  cutting  off  the  timber  in  unorganized  towns  to  a  greater 
extent.  In  looking  over  the  taxes  assessed  upon  unorganized 
places  in  Coos  County  where  there  are  no  inhabitants  or  organ- 
ized local  government,  but  which  come  entirely  under  State  and 
county  control,  during  the  last  ten  years  more  than  flfty  per 
cent  of  the  timber  cut  has  been  taken  from  these  unorganized 
places  where  there  is  practically  no  tax  other  than  State  and 
county.  This  class  of  property  in  Coos  County  alone,  if  I  re- 
member correctly,  was  only  $204  last  year.  Hardwood  tracts 
today,  without  question,  are  rapidly  increasing  in  value.  If  you 
douT3t  this  statement,  try  to  buy  standing  cordwood  from  some 
of  the  owners.  1  know  companies  who  own  hundreds  of  thou- 
sands of  acres  -of  timber  lands  who  are  charging  $4  per  cord 
stumpage  for  cutting  rights  and,  in  many  cases,  lots  from  which 
such  cut  has  been  taken  we  have  found,  upon  investigation,  were 
not  taxed  for  one-sixteenth  part  of  what  they  asked  for  the  cord 
wood  alone  regardless  of  the  land  values.  Occasionally  we  hear 
of  individuals  and  companies  who  are  liberal  and  magnanimous 
enough  to  allow  their  employees  cutting  rights  at  a  lower  value 
but  this  is  an  exception  rather  than  the  rule.  Now,  gentlemen,  i 
tell  you  this  is  a  one-sided  question,  with  wealth  in  one  balance 
and  poverty  and  hardship  in  the  other. 

When  the  United  States  Government  comes  forward  and  offers 
the  lumbermen  $120  per  thousand  for  clear  spruce  aeroplane 
stock  you  need  not  tell  me  that  they  are  overburdened  under 
the  present  policy  of  taxation.  One  spruce  tree  that  will  cut  200 
feet  of  aeroplane  stock  would  bring  sufficient  money  to  pay  the 
taxes  upon  the  whole  lot  for  twenty-five  (25)  years.  Now,  gen- 
tlemen, let's  not  be  influenced  too  much  by  sentiment.  Voters 
ignorant  of  the  true  condition  of  affairs,  influenced  largely  by 
sentiment,  voted  in  favor  of  this  resolution  when  before  them  the 
last  time,  and  many  of  these,  as  records  show,  came  from  the 


Thursday,  June  6,  1918.  93 

cities  where  the  propaganda  sent  out  by  the  Forestry  Depart- 
ment and  other  interested  parties  was  most  largely  read,  i 
agree  with  the  principles  of  conservation,  but  not  in  the  method 
asked  for  by  this  resolution. 

AYe  are  all  selfish  beings.  Every  man  is  selfish.  I  am  a  tim- 
berland  owner  as  before  stated  and  what  i  may  be  besides  a 
selfish  man,  it  costs  me  an  extreme  effort  to  accomplish.  When 
a  man  can  stand  before  this  Convention  and  say  that  he  tries  to 
be  honest,  you  would  be  justified  in  taking  that  man  and  his 
statement  for  just  what  he  has  accomplished  and  performed  in 
his  own  personal  and  official  capacity.  If  that  be  true  with  me 
it  is  true  with  everybody. 

Now,  gentlemen,  as  1  stated  before,  do  not  be  influenced  by 
sentiment  alone.  Do  not  allow  this  resolution  to  be  adopted  and 
have  our  State  owned  by  men  of  wealth  who  could,  if  they  saw 
fit,  allow  our  farms  to  be  abandoned  under  the  guise  of  growing 
timber  and  forest  conservation.  This  would  materially  reduce 
and  decrease  our  tillage  acreage,  which  would,  especially  at  this 
time,  be  a  calamity.  We  need  more  tillage  land ;  we  want  more 
farms ;  we  w  ant  more  farmers ;  we  want  more  food  products. 

Now  instead  of  adopting  this  resolution  and  changing  our 
present  law  let's  leave  it  as  it  is  and  go  home  to  our  constituents 
with  clean  hands  and  clean  minds. 

Mr.  Hutchins  of  Stratford  moved  that  the  Committee  do 
now  rise  and  report  the  resolution  with  the  recommendation 
that  it  be  not  agreed  to. 

Question  being  on  the  motion  of  Mr.  Hutchins  of  Strat- 
ford, — 

Mr.  Ay  res  of  Franconia.  —  As  the  Committee  allowed  me  to 
'  open  the  discussion  I  trust  they  will  allow  me  a  few  minutes  to 
close  it.  I  have  been  naturally  very  much  interested  in  what  has 
been  said,  and  wish  to  answer  one  or  two  of  the  arguments.  It 
has  been  said  that  under  the  present  system  of  taxation  the 
big  estates  in  the  southern  parts  of  the  State  have  reached  the 
large  -acreage  of  thirteen  million  and  twenty  million  feet  in 
particular  areas,  and  that  if  this  amendment  is  passed,  it  will 
be  for  the  benefit  of  these  large  tracts.  I  want  to  say  tnis :  tnat 
under  the  present  system  these  large  tracts  have  been  accumu- 
lated because  the  small  owners  cannot  afford  to  hold  their  lands ; 
the  small  woodlands  are  forced  upon  the  market,  and  the  large 


94  JouKNAL  OF  Constitutional  Convention. 

buyers  or  large  syndicates  of  buyers  who  are  interested  in  pine 
woods  in  the  southern  part  of  the  State  have  been  obliged,  in 
order  to  keep  the  timber  in  the  neighborhood  of  their  mills  and 
under  their  control,  to  buy  up  this  timber  in  large  holdings. 
There  is  a  member  of  this  Convention  who  has  been  buying 
timber  in  large  amounts,  and  he  states  that  the  reason  why  he 
does  it  is  that  when  owners  cannot  longer  hold  their  woodlands 
they  are  placed  upon  the  market  and  he  has  to  take  them 
against  his  will,  for  if  he  does  not  do  so,  people  from  outside 
the  iState,  with  mills  farther  away,  will  take  them.  Thus  the 
present  system  is  responsible  for  taking  the  timber  from  the 
small  owners  and  putting  it  into  the  hands  of  large  owners  in 
the  southern  part  of  the  State. 

The  last  speaker  suggested  that  the  gray  matter  and  common 
sense  of  the  people  in  the  northern  part  of  the  State,  if  their 
judgment  was  taken  upon  the  question  of  what  taxes  should  be 
paid,  would  find  no  difficulty  in  leaving  the  situation  as  it  is;  i 
believe  profoundly  that  if  the  judgment  of  the  local  people  in 
regard  to  timber  taxes  throughout  the  State  was  permitted  to 
be  used,  that  it  would  be  a  solution  of  this  question ;  but  by 
the  law  which  the  Tax  Commission  is  undertaking  to  apply,  this 
matter  is  taken  out  of  the  hands  of  the  local  assessors  ana 
local  people  who  know  the  value  of  timber,  and  with  the  enforce- 
ment of  a  bad  law  which  should  not  be  on  the  statute  books  and 
which  is  grounded  in  the  Constitution,  the  State  officers  and  not 
the  local  assessors  are  taking  the  responsibility  of  fixing  the 
taxes  in  the  towns.  It  seems  to  me  that  the  town  and  not  the 
Sfate  officials  should  fix  the  tax  rate.  I  am  sure  that  every  one 
of  you  who  has  been  an  assessor  or  who  is  an  assessor  will  agree 
that  this  is  purely  a  local  function,  and  you  will  all  agree  with 
me  that  there  has  been  necessarily  an  effort  on  the  part  of  the 
Tax  Commission  to  enforce  the  law,  and  the  present  law  is  forc- 
ing the  matter  out  of  your  hands  as  local  men  and  into  the 
hands  of  a  central  body  of  men.  1  warn  you  against  the  further^ 
extension  of  that  system,  and  1  believe  profoundly  with  the 
gentleman  who  just  spoke,  that  if  the  law  isn't  obeyed  in  Coos 
County  and  the  gray  matter  of  its  men  is  used  for  its  owti 
local  taxation,  then  it  would  be  perfectly  right  to  go  ahead,  but 
unfortunately  the  law  and  the  Tax  Commission  who  are  seeking 
to  enforce  the  law  think  otherwise,  and  so  this  local  gray  mat- 
ter is  not  permitted  free  use. 

Gentleman,  I  want  to  warn  you  also  against  the  supposition 
that  the  present  prices  may  continue.  It  has  been  suggested 
that  for  airplane  stock  $120  a  thousand  is  being  offered  by  the 
government  of  the  United  States.     That  is  correct,  but  don't 


Thursday,  June  6,  1918.  95 

think  it  will  last.  It  is  due  to  nothing-  more  than  a  sudden  need 
for  airplane  stock  on  American  soil ;  and  if  your  Tax  Commis- 
sion, acting  through  your  local  assessors,  are  able  to  enforce 
the  law,  you  will  have  to  pay  taxes  on  $120  a  thousand  for  all 
your  standing  spruce  timber,  and  then  you  will  act  pretty 
quickly. 

Something  has  been  said  about  the  circulars  that  have  been 
distributed.  All  of  these  1  hold  in  my  hand.  One  of  them  has 
been  printed  by  the  State  Forestry  Commission  and  bears  their 
name ;  the  other  is  by  the  Prof  es'sor  of  Forestry  at  the  State 
College  and  has  been  printed  by  the  State  College;  and  the 
other  has  been  printed  by  a  body  of  men,  a  general  Committee 
on  Taxation,  which  includes  several  noted  men.  Professor  San- 
born, Mr.  Caldwell,  Governor  Bass,  Governor  Spaulding  and 
others,  and  it  cost  about  ten  dollars  and  postage  of  about  $4.36 
to  send  them  out.  Please  don't  let  such  things  as  circulars 
weigh  on  your  minds  in  deciding  a  question  of  great  importance 
to  the  State  of  New  Hampshire.  Personally,  i  believe  that  the 
farmers  have  not  suiticiently  examined  these  questions,  which 
concern  them  more  vitally  than  they  know. 

Mr.  Brennan  of  Peterborough  moved  to  amend  the  mo- 
tion of  Mr.  Hutchins  of  Stratford  by  striking  out  the  word 
"  not." 

Question  being  on  the  motion  of  Mr.  Brennan  of  Peter- 
borough to  amend  the  motion  of  Mr.  Hlitchins  of  Strat- 
ford, — 

Mr.  Brown  of  Manchester.  —  Mr.  Chairman  and  Gentlemen,  I 
have  no  desire  to  discuss  the  subject  before  the  committee  at  any 
length  or  at  all,  but  it  has  been  suggested  to  me  privately  that 
because  I  happen  to  be  a  member  of  the  Tax  Commission  I 
should  make  some  remarks  in  regard  to  it. 

I  am  not  opposed  to  the  proper  classification  of  timber  lands. 
My  position  in  that  regard  is  stated  with  some  fullness  in  the 
1917  report  of  the  Tax  Commission.  Those  who  think  my  opinion 
is  of  the  slightest  consequence  can  look  at  that  report. 

We  have  had  classification  in  this  State.  Up  to  the  spring 
of  1912  we  had  a  classification  of  timber  lands,  an  illegal 
one  to  be  sure,  but  one  under  which  timber  was  scarcely  taxed 
at  all  and  when  at  all  but  lightly.  Yet  the  forests  were  not 
preserved.     Lumber  went  out  of  the   State  and  went  rapidly. 


96  Journal  of  Constitutional  Convention. 

Go  up  into  the  mountains,  up  to  the  city  of  Berlin,  and  look 
about  you  there.  You  will  see  the  mountain  sides  are  bare 
of  growth.  They  have  been  cut  over ;  they  have  been  burned 
over ;  the  soil  has  been  washed  entirely  off  the  rocks,  so  that  in 
a  thousand  years  trees  will  not  grow  there  again.  That  was 
all  done  when  standing  timber  in  New  Hampshire  was  practi- 
cally tax  free.  Most  of  the  destructive  lumbering  was  done 
before  the  timber  lands  were  taxed  to  any  considerable  extent, 
for  it  has  only  been  since  the  Tax  Commission  assumed  au- 
thority in  this  particular,  six  years  ago,  that  any  attempt  has 
been  made  to  assess  such  property  at  anything  like  its  time 
value. 

There  are  in  this  State  nineteen  unincorporated  places.  The 
gentleman  from  Stratford,  Mr.  Hutchins,  has  referred  to  them. 
In  these  places  there  is  no  local  tax.  The  only  assessment  is 
that  of  the  State  and  County  tax,  so  that  the  timber  standing 
there  is  assessed  very  lightly  indeed.  In  the  last  year  before 
the  Tax  Commission  began  its  work,  the  tax  in  the  unincor- 
porated places  amounted  to  only  three  and  seventy-nine  one- 
hundredths  mills  on  the  dollar,  whereas  in  the  surrounding 
towns  as  a  whole  it  amounted  to  twenty-three  mills  on  the 
dollar.  According  to  the  experts,  only  one  thing  could  happen; 
the  surrounding  towns  where  the  tax  was  relatively  high  would 
be  stripped  of  lumber,  and  in  the  unincorporated  places  where 
the  tax  was  relatively  low,  the  timber  would  be  left  to  grow. 
What  was  the  result?  The  cutting  in  the  unincorporated  places 
was  quite  as  hard  and  close  as  in  the  neighboring  towns.  It 
certainly  was  not  the  tax  there  that  caused  the  lumber  to  be 
removed.  Indeed  in  the  unincorporated  places,  until  a  year  ago, 
the  tax  was  never  so  much  as  four  cents  an  acre,  because  there 
was  no  local  assessment  whatever.  I  think  this  argument  is 
diiiicult  to  answer  — 

Mr,  Ayres  of  Franconia.  —  I  wish  you  would  let  me  answer  it. 

Mr.  Broivn  of  Manchester.  —  I  do  not  yield  to  Mr.  Ayres  at  the 
present  time  ;  at  a  later  time  he  may  answer  if  he  can. 

Take  the  pine  regions  of  the  State.  Have  the  taxes  operated  to 
any  great  extent  to  reduce  the  growth?  That  growth  has  been, 
in  my  judgment,  reduced  considerably,  though  the  acreage  has 
been  largely  increased.  Whether  in  the  future  the  volume  will 
be  further  decreased  is  a  question.  If  you  have  any  doubt  as  to 
the  amount  of  pine  that  is  growing  in  southern  New  Hampshire, 
w^hen  you  go  home  by  automobile,  as  many  of  you  will,  look 
the  country  over  from  evefy  hilltop  and  in  every  direction,  and 
see  what  there  is.    There  is  still  a  wonderful  supply. 

Has  not  the  portable  sawmill  done  incalculable  damage  in  the 


Thursday,  June  6,  1918.  97 

pine  regions?  1  ask  you,  gentlemen,  about  that.  The  portable 
saw  mill  is  erected  in  the  middle  of  the  .lot  and  in  that  way  the 
necessity  of  drawing  the  logs  any  distance  is  obviated.  The 
result  is  that  the  small  growth  can  be  drawn  to  the  mill  at 
slight  cost  and  sawed  out  at  a  profit.  Every  tree  that  will  make 
a  "  two  by  two  "  piece  of  sawed  lumber  is  cut.  The  mill  men 
take  a  stick  no  more  than  four  inches  through  and  saw  it  up 
because  there  is  a  little  profit  in  it,  the  tree  being  near  the  mill. 
If  the  growth  had  to  be  drawn  away  to  a  mill  somewhere  else 
it  would  not  be  cut  so  closely,  it  may  be  that  in  some  cases 
the  taxes  assessed  upon  timber  have  caused  the  owners  to  sell 
it.  I  do  not  doubt  this  has  been  true  in  some  cases,  but  it  has 
not  in  manj'.    The  portable  mill  has  reduced  the  pine. 

It  appears  that  Professor  Foster  made  an  examination  of 
certain  timber  lands  in  this  State  in  1907.  In  1913  he  went 
over  the  same  ground  again  or  a  part  of  it  to  see,  if  he  could, 
the  effect  of  taxation  upon  the  growth,  whether  it  had  caused 
its  removal  or  hot.  Now  the  Tax  Commission  did  not  begin 
work  upon  valuations,  and  taxes  were  not  increased  at  all  until 
the  spring  of  1912.  Of  course  it  was  impossible  to  do  much  the 
first  year.  Therefore  Professor  Foster's  observation,  as  he  stated 
it,  was,  of  a  period  principally  under  the  old  system  when 
timber  was  not  taxed  much  anyway,  and  was  never  taxed  at 
full  value. 

What  has  caused  timber  to  be  removed?  Latterly  the  price 
has  been  the  great  inducement.  Fifteen  years  ago  soft  wood 
stumpage  in  this  State  was  worth  about  four  dollars  per  thou- 
sand feet.  Today  it  is  worth  in  the  neighborhood  of  fifteen. 
And  do  you  not  think,  gentlemen,  that  property  that  has  enjoyed 
such  a  rise  in  value  in  the  last  fifteen  years,  an  increase  of 
between  three  hundred  and  four  hundred  per  cent,  can  afford 
for  a  few  years  more  to  pay  taxes  upon  a  full  valuation?  it 
would  seem  so  to  me,  and  I  think  that  this  fall  when  this  amend- 
ment is  submitted,  if  it  passes  here,  the  people  of  INew  Hamp- 
shire will  feel  the  same  way. 

What  are  you  going  to  do  to  replace  the  $1,200,000  that  classi- 
fication on  the  basis  desired  by  its  advocates  will  take  out  of  the 
revenues  of  this  State?    Where  are  you  going  to  get  that  sum? 

I  can  tell  you  how  classification  will  affect  the  farmer.  All 
farms,  speaking  by  and  large,  have  woodlots.  To  classify  these 
lots  for  taxation  at  a  lower  rate  than  the  rest  of  the  farm 
property  will  not  affect  the  appropriations  the  voters  make  in 
the  town  meetings  a  bit.  There  will  be  just  as  much  money 
to  raise  as  before;  there  will  be  more  feoney  to  raise,  because 
as  everybody  knows  we  are  entering  a  period  of  very  heavy 


98  Journal  of  Constitutional  Convention. 

public  expenditures,  such  expenditures  as  we  never  dreamed 
of  before.  Upon  what  are  the  increased  taxes  to  be  levied  if 
you  leave  the  woodlots  out  in  whole  or  in  part?  If  you  leave 
the  woodlots  out  the  farmer  has  got  to  pay  just  as  much  tax 
but  it  will  be  levied  on  the  rest  of  his  property,  that  is  all. 
The  man  who  owns  woodland  principally  will  be  a  big  gainer 
by  the  arrangement,  but  the  man  who  owns  other  property  prin- 
cipally will  be  a  big  loser. 

I  think  it  is  absolutely  true  of  New  Hampshire  that  up  to 
this  time  greater  profits  have  been  made  in  lumber  than  in  any 
other  branch  of  business.  Every  town  has  men  who  have  be- 
come rich  in  this  trade.  And  I  think  we  ought  to  go  slow 
about  exempting  trees  especially  while  present  prices  and  pres- 
ent profits  hold.  Now  you  can  figure  in  various  ways  about 
this  matter  of  profit  or  loss  in  the  growing  of  timber.  You 
can  talk  about  two  per  cent,  as  the  gentleman  from  Franconia 
has  today,  and  all  that,  but  the  more  correct  method  in  my 
judgment,  is  to  take  the  money  that  a  lot  sells  for  or  will  sell 
for  when  the  timber  is  fit  to  cut,  and  compute  the  worth  of  it  at 
the  time  the  trees  began  to  grow.  If  you  say  the  land  is  worth 
$500  an  acre  to  begin  vrith,  then  of  course,  you  will  find  that 
the  raising  of  timber  is  unprofitable.  But  if  you  take  the  money 
derived  from  the  yield  and  figure  backward,  taking  out  taxes, 
taking  out  everything  that  should  come  out,  including  interest 
at  5%  compounded  annually  as  well  as  the  actual  value  of  the 
land,  you  will  find  that  as  a  rule  the  growing  of  trees  affords 
no  slight  profit.  In  this  regard  it  should  be  remembered  that 
the  land  timber  grows  on  is  not  by  any  means  the  best  in  the 
State.  This  proposition  is  figfured  out  in  the  article  I  spoke 
about,  and  which  you  will  also  find  in  the  Bulletin  of  the 
National  Tax  Association  for  January  last,  and  the  conclusion  is 
reached  that  with  the  financial  maturity  of  pine  fixed  at  forty 
years  and  that  of  spruce  at  sixty  years,  or  that  of  both  aver- 
aged at  fifty  years,  the  growing  of  soft  wood  timber  is  dis- 
tinctly profitable,  even  if  full  taxes  are  paid;  and  the  proposi- 
tion would  hold  good  if  the  maturity  were  placed  at  sixty  or 
seventy  or  even  eighty  years,  although  in  these  cases  the  profit 
would  be  less.  ^ 

The  theorists  tell  us  pine  and  spruce  timber  ought  to  stand 
until  it  is  seventy  or  eighty  years  old.  With  present  prices,  it  is 
not  going  to  stand  so  long.  The  economic  maturity  of  pine 
is  generally  considered  to  be  reached  in  about  forty  years, 
and  that  of  spruce  twenty  years  later  than  that.  We  are  not 
going  to  wait  for  a  slow  old  growth  that  will  reach  its  ulti- 
mate maturity  in  eighty  to  one  hundred  years,  but  are  going  to 


Thuesday,  June  6,  1918.  99 

be  content  with  the  more  rapid  one  that  ends  in  half  that  time 
and  then  makes  way  for  a  new  crop. 

I  said  to  begin  with  that  1  was  not  opposed  to  a  proper  clas- 
sification, but  1  am  opposed  to  the  radical  reduction  in  forest 
taxes  which  is  in  substance  advocated  here.  With  such  a  classi- 
fication as  may  now  be  had  in  Massachusetts  and  perhaps 
with  'one  not  quite  so  stringent  1  should  be  satisfied.  There 
they  have  a  law  which  permits  woodlands  to  be  classified  but 
the  owner  must  make  application,  have  his  land  examined  and 
if  found  suitable  registered.  Then  it  is  permitted  to  be  classi- 
fied and  taxed  at  a  lower  rate  than  other  property,  the  most 
of  the  taxes  to  be  paid  when  the  timber  is  cut.  There  is,  how- 
ever, an  annual  land  tax  and  a  commutation  tax.  There  are  also 
various  provisions  relating  to  proper  management  of  the  prop- 
erty. ^Yhat  is  the  result?  That  law  has  been  standing  on  the 
statute  books  for  over  four  years,  and  not  more  than  a  lew 
hundred  acres  in  the  whole  Commonwealth  have  come  in  under 
it,  and  by  high  authority  it  has  been  declared  a  flat  failure. 

We  are  not  going,  1  am  sure,  to  permit  timber  owners  to  pay 
at  a  less  rate  than  the  owners  of  other  property  and  not  going  to 
permit  timber  lands  to  be  taxed  at  a  less  rate  than  other  lands, 
unless  there  is  to  be  some  return  therefor.  We  shall  want  a 
limit  upon  the  size  bf  the  trees  that  may  be  cut,  and  we  shall 
want  a  requirement  in  regard  to  reforesting  and  other  scientific 
management  somewhat  as  they  h&ve  in  ^Massachusetts.  If  there 
is  going  to  be  a  concession,  let  it  be  a  concession  with  compen- 
sation. 

I  am  free  to  say  that  if  1  could  have  my  way,  I  would  at  the 
proper  time  provide  for  the  classification  of  timber  lands  in  this 
State,  but  1  would  also  require  that  trees  below  a  certain 
diameter  —  which  it  is  not  necessary  for  me  to  fix  now  —  should 
be  left  to  stand  and  grow  and  that  when  trees  were  cut  at  all  it 
should  be  with  some  sort  of  intelligence  and  when  an  area  was 
stripped  it  should  be  reforested.  Great  harm  has  come  from 
the  cutting  of  seed  trees.  The  portable  sawmill  men  in  the  pine 
regions  and  other  operators  in  the  spruce  country  have  stripped 
the  land  bare,  until  we  have  in  this  State  seven  hundred  thousand 
acres  of  naked  land  that  once  bore  magnificent  forests.  Nothing 
of  value  is  growing  there  now  because  the  men  who  cut  the  tim- 
ber off  also  cut  the  seed  trees  and  the  little  trees  and  left  noth- 
ing or  practically  nothing  behind  them. 

I  should  say  wait  a  little  before  classification.  Let  us  see  what 
the  prices  for  lumber  are  going  to  be.  Wie  know,  every  one  of  us, 
how  stumpage  has  increased  in  value  in  the  last  few  years.  The 
war  is  stripping  the  forests  of  this  country  and  Canada,  of  Ger- 


100         Journal  of  Constitutional  Convention. 

many,  France  and  Great  Britain,  in  short  of  the  world,  and  we 
are  going  to  see  much  higher  prices  for  lumber  than  we  have 
yet  seen.  A  little  later  it  may  be  wise  to  classify  timber  lands 
in  the  way  I  have  suggested.  But  it  seems  to  me  this  is  not  the 
time  for  a  change,  certainly  not  for  an  unqualified  reduction  of 
forest  taxes  at  the  expense  of  other  taxes  which  this  amendment 
is  intended  to  permit  and  as  far  as  possible  to  effect. 

I  do  not  think  it  is  very  patriotic  in  the  gentleman  from 
Franconia  to  suggest  to  the  members  of  this  committee  that  the 
selectmen  of  the  towns  of  the  State,  in  violation  of  the  law  and 
of  their  oaths  and  in  disregard  of  the  instructions  of  the  Tax 
Commission,  should  do  the  thing  he  desires,  that  is,  assess  wood- 
land property  for  less  than  its  full  and  true  vaue.  1  under- 
stood that  to  be  what  he  meant  when  he  said  it  would  be  per- 
fectly right  for  local  men  to  go  ahead  and  use  their  gray  matter, 
and  it  was  not  a  worthy  appeal.  So  far  as  the  Tax  Commission 
is  concerned,  I  have  no  defense  to  make.  The  members  have 
gone  along  in  their  own  way,  enforcing  the  law,  and  they  will 
proceed  in  that  way  until  the  end  —  1  mean  until  their  end  or 
that  ^of  the  Commission. 

Mr.  Brennan  of  Peterborough.  —  1  would  like  to  ask,  Mr.  Chair- 
man, a  question.  He  speaks  of  the  Tax  Commission.  Do  I  uji- 
derstand  you  are  unanimous  or  are  you  a  minority  of  the  Tax 
Commissi'on? 

Mr.  Brown  of  Mancehster.  —  We  are  absolutely  unanimous  in 
regard  to  enforcing  the  law;  there  is  not  a  particle  of  difference 
among  us  in  that  respect. 

Mr.  Brennan  of  Peterbof^ough.  —  Do  you  think  the  selectmen 
do  make  the  valuation  'of  timber  lands  on  its  true  value? 

3Ir.  Brown  of  Manchester.  —  I  think  they  do  as  well  as  they 
can  along  that  line.  I  think  the  selectmen  do  that  very  thing. 
There  are  exceptions  that  occasionally" come  to  our  notice. 

Mr.  Brennan  of  Peterborough.  —  May  1  ask  y^ou  this  question: 
if  it  is  not  very  frequently  the  case  that  they  adopt,  contrary  to 
the  provisions  of  the  Constitution,  a  valuation  not  in  proportion 
to  the  other  valuations  in  town?  Do  not  you  find  that  very  fre- 
quently the  case? 

Mr.  Brotvn  of  Manchester.  —  I  do  not  think  that  is  frequently 
the  case.  It  is  doubtless  sometimes  the  case,  but  1  do  not  think 
it  often  happens. 

Mr.  Doyle  of  Nashua.  —  Are  you  gentlemen  of  the  Tax  Com- 
mission content  to  have  full  power,  plenty  of  law  to  insist  upon 
a  fair  and  full  valuation  on  this  very  subject  matter  we  are  talk- 
ing about,  as  it  stands  today,  without  this  amendment  or  pro- 
posed amendment? 


Thursday,  June  6,  1918.  101 

Mr.  Brotcn  of  Manchester.  —  There  is  plenty  of  law  to  insist 
upon  and  to  dompel  the  taxation  of  all  taxable  property  at  its 
full  and  true  value. 

Mr.  Doyle  of  l^asliua.  —  I  think  that  is  all  we  want  and  we 
have  the  right  men,  I  guess,  in  office. 

Mr.  Brown  of  Manchester.  —  There  is  another  thing  this  Com- 
mittee might  well  remember.  It  is  this :  if  you  desire  to  exempt 
woodland  property,  you  can  do  it  today.  If  you  want  to  make  an 
absolute  exemption  of  growing  trees  of  any  sort  or  kind,  it  can 
be  done  under  the  Constitution  as  it  stands. 

Still  another  thing  comes  to  my  mind  in  talking  about  the 
taxation  of  forest  property.  When  you  begin  to  tax  it,  it  is  noth- 
ing but  sprout  land  and  is  worth  three  or  four  dollars  an  acre  in 
Stratford,  as  Mr.  Hutchins  says,  perhaps  four  or  five  dollars  an 
acre  in  some  other  towns,  and  that  is  all  it  is  taxed  for.  For 
fifteen  or  twenty  years,  there  is  not  much  growth  on  the  land, 
the  valuations  have  to  be  low  and  the  taxes  light  although  the 
assessments  are  at  full  value.  There  is  nothing  oppressive  until 
the  timber  gets  to  have  some  size,  until  it  is  at  least  twenty  years 
of  age.  Then  for  the  next  twenty  years  or  until  maturity,  when- 
ever that  may  be,  the  owner  can  afford  to  pay  upon  a  full  assess- 
ment. 

I  am  owner  of  a  little  woodland  myself,  and  being  a  non- 
resident of  the  town  where  it  is  situated,  1  do  not  believe  I 
escape  anything  in  taxes.  1  am  glad  to  pay  full  taxes  assessed 
on  the  full  and  true  value  of  the  property.  1  hope  the  selectmen 
will  continue  to  tax  it  in  that  way,  and  1  do  not  think  tney  neea 
any  suggestions  in  that  regard. 

Mr.  Tyng  of  Ashland.  —  Mr.  President  and  Gentleman,  this  is  a 
Constitutional  Convention.  The  subject  before  us  is  the  powers 
of  the  Legislature.  We  have  had  a  long  discussion  on  this  tim- 
ber question,  and  all  of  us  want  to  be  enlightened,  and  some  of 
us  have  found  enlightenment  very  difficult.  There  are  arguments 
on  both  sides,  and  they  make  no  particular  appeal  to  us  wno 
do  not  know  anything  at  all  about  the  lumber  business.  It  is 
a  question  of  giving  to  the  Legislature  of  New  Hampshire  the 
power  which  nearly  every  Legislature  in  every  Country  and 
every  State  has,  that  is,  the  power  of  taxing  lumber,  which, 
owing  to  certain  things,  has  prevented  the  Legislature  from  act- 
ing directly  in  regard  to  it.  If  that  can  be  done,  very  good  and 
well.  The  whole  general  question  is.  Should  further  authority  be 
given  to  the  Legislature  in  the  matter  of  taxation?  Now  it 
seems  to  me  we  are  incompetent  to  pass  upon  the  questions 
that  have  been  brought  before  us  today.  We  have  gone  out 
of  our  way,  and  it  seems  to  me,  whether  i  follow  the  arguments 


102         Journal  of  Constitutional  Convention. 

of  one  side  or  the  arguments  of  the  other  side,  the  inevitable 
result  is  that  we  must  go  to  the  Legislature,  to  whom  belongs 
the  power  to  deal  with  the  question, 

Mr.  Ayres  of  Franconia.  —  Is  it  the  pleasure  of  the  Convention 
that  I  should  have  a  minute?     I  don't  want  to  impose  upon  the 
Convention  except  to  show  why  timber  in  the  North  Country  is 
cut   off  in  the  manner  in  which  it  is.     The  gentleman  who  is 
Chairman  of  the  Tax  Commission  and  President  of  this  body,  for 
whom  we  all  have  great  respect,  has  said  that  the  timber  in  the 
northern  part  of  the  State,  in  the  unorganized  towns,  where  the 
taxes  are  low,  is  sometimes  cut  off  more  than  it  is  in  the  organ- 
ized towns  where  the  taxes  are  high  and  the  timber  isn't  cut  oft'. 
Gentlemen,  I  must  ask  you  to  bear  this  simple  fact  in  mind ;  that 
there  was  by  the  census  figures  of  1900,  which  are  tlifft  last  we 
have  on  this  subject,  twenty-nine  million  dollars  invested  in  the 
pulp  and  paper  business  in  Northern  New  Hampshire  alone,  and 
in  New  England  it  was  one  hundred  and  forty  million  dollars. 
This  enormous  industry  depends  upon  the  spruce  of  Nbrthern 
Maine,  New  Hampshire  and  Vermont  in  large  degree.    These  fig- 
ures have  been  very  much  enlarged  at  this  time,  there  being  prob- 
ably two  hundred  million  dollars  investment  dependent  upon  the 
timber  in  Northern  New  Hampshire,  Maine  and  Vermont.    Prob-  ' 
ably  sixty  million  dollars  is  invested  in  the  paper  and  pulp  busi- 
ness, including  the  timber  lands  in  Northern  New  Hampshire. 
The  owners  must  keep  their  mills  in  operation,  and  taxes  become 
a  secondary  consideration.    The  owners  cut  where  their  business 
dictates. 

Mr.  Schoolcraft  of  Dorchester.  —  Are  the  timber  interests  driv- 
ing for  a  lower  or  higher  rate  of  taxation? 

Mr.  Ayres  of  Franconia.  —  I  don't  know.  It  was  reported  here 
yesterday  by  one  of  the  large  interests  that  they  do  not  care 
whether  it  is  settled  one  way  or  the  other.  I  believe  this  is  the 
attitude  of  all  the  people  from  the  northern  country.  This  is  a 
matter  that  primarily  concerns  four-fifths  of  our  people  in  the 
southern  part  of  the  State  and  only  one-fifth  in  the  northern 
part.  In  the  north,  they  employ  their  men  and  cut  where  it  is 
the  most  convenient  for  their  large  business,  irrespective  bf 
whether  the  taxes  are  high  or  low.  In  the  southern  part,  it  is  an 
entirely  different  situation,  and  I  submit  to  you,  gentlemen,  if 
four  times  sixty  million  dolars  were  invested  in  pine  interests 
in  the  southern  part  of  New  Hampshire  the  tax  question  would 
be  settled.  The  reason  why  the  tax  situation  is  different  in  the 
northern  part  of  the  State  from  that  in  the  southern  part  is 
because  there  are  sixty  million  dollars  invested  in  the  pulp  and 
paper  interest  in  the  north. 


Thursday,  June  6,  1918.  103 

Mr.  Hoyt  of  Hanover.  —  I  ^\^ould  like  to  ask  the  gentleman  a 
question.  Would  he  consider  today  a  large  majority  of  the  farm- 
ers and  mechanics  are  in  favor  of  this  change?  Would  he  be 
willing  to  leave  it  to  the  farmers  to  decide  this  question? 

Mr.  Ayres  of  Francwiia.  —  Mr.  Hoyt  asks  me  if  I  think  the 
farmer  and  mechanic  is  in  favor  of  the  change  which  I  advocate 
and  if  I  would  be  wiling  to  leave  this  question  to  the  farmers  to 
decide.  I  would  say,  so  far  as  the  mechanic  is  concerned,  1  dbn't 
think  he  has  thought  about  it,  and  1  am  sure  the  farmer  hasn't 
thought  of  it  as  he  should  and  he  hasn't  seen  the  interest  to  him- 
self as  clearly  as  he  should.  I  am  aware  that  they  have  not 
favored  this  amendment,  but  again  1  believe  it  is  because  they 
have  not  given  the  subject  full  attention.  1  had  the  pleasure 
of  submitting  a  brief  article  to  the  National  Tax  Association, 
reprinted  from  their  Bulletin.  Its  title  is  "  Forest  Taxation  and 
the  Farmer,"  and  1  have  said  here  why  the  farmer  is  worse  off 
if  the  timber  is  taken  away  as  a  source  of  taxation.  Copies  will 
be  sent  to  you.  The  farmer  should  encourage  everything  that 
ought  to  be  taxed ;  he  should  encourage  the  taxation  of  intangi- 
bles; he  should  encourage  the  proper  taxation  of  timber,  for  if 
the  timber  is  swept  off  the  burden  comes  back  on  Mm.  You  can- 
not escape  that  argument. 

On  a  viva  voce  vote  the  motion  of  Mr.  Brennan  of  Peterbor- 
ough, to  amend  the  motion  of  Mr.  Hutchins  of  Stratford,  did 
not  prevail. 

Mr.  Ayres  of  Franconia  called  for  a  division. 

Mr.  Page  of  Portsmouth.  —  Will  the  Chair  state  the  question? 

The  Chairman.  —  For  the  information  of  the  Committee  I  will 
state  the  question :  the  question  is  upon  the  motion  of  the  gen- 
tleman from  Peterborough,  Mr.  Brennan,  which  is  to  strike  out 
the  word  "  not "  in  the  motion  made  by  the  gentleman  from 
Stratford,  Mr.  Hutchins,  so  that  the  motion,  as  amended,  will 
read,  "  that  this  Committee  do  now  rise  and  report  the  resolu- 
tion with  the  recommendation  that  it  be  agreed  to." 

Mr.  Emerson  of  Milford.  —  Am  1  right  in  understanding  that 
those  who  believe  the  Legislature  should  have  power  to  fix  the 
value  of  lumber  for  taxation  should  vote  yes  on  this  motion? 

The  Chairm^OM. — ^The  gentleman  is  correct  in  his  understanding. 


104         Journal  of  Constitutional  Convention. 

A  division  being  had  122  gentlemen  voted  in  the  affirmative 
and  159  gentlemen  voted  in  the  negative  and  the  motion  of 
Mr.  Brennan  of  Peterborough  did  not  prevail. 

Question  being  on  the  motion  of  Mr.  Hutchins  of  Strat- 
ford, — 

On  a  viva  voce  vote  the  motion  of  Mr.  Hutchins  of  Stratford 
prevailed. 

In  Convention. 

(The  President  in  the  Chair.) 

Mr.  Snow  of  Eochester,  for  the  Committee  of  the  Whole 
to  whom  was  referred  Eesolution  No.  1,  Relating  to  the  Taxa- 
tion of  Growing  Wood  and  Timber,  having  considered  the 
same,  report  the  resolution  with  the  recommendation  that  it 
be  not  agreed  to  by  the  Convention. 

On  a  viva  voce  vote  the  report  of  the  Committee  was  ac- 
cepted and  the  recommendation  adopted. 

On  motion  of  Mr.  Quimby  of  Concord,  the  following  resolu- 
tion was  adopted : 

Resolved^  That  the  appointment  of  Frank  L.  Aldrich  of 
Manchester  as  messenger  be  vacated  and  M.  J.  Diamond  of 
Danville  be  appointed  messenger  of  this  Convention. 

Mr.  Lyford  of  Concord  moved  that  the  Convention  do  now 
adjourn. 

Mr.  Lyford  of  Concord  withdrew  his  motion. 

Mr.  Streeter  of  Concord  moved  to  amend  the  Rules  of  the 
Convention  as  follows : 


Thursday,  June  6,  1918.  105 

Amend  Eule  6  by  adding  after  the  words  "  day  certain  ''  the 
words,  "  fourth,  to  indefinitely  postpone/'  and  strike  out  the 
word,  ''fourth,^'  and  the  word,  "fifth,''  and  insert  in  place 
thereof  the  words  "  fifth  "  and  "  sixth  "  respectively,  so  that 
the  same  as  amended  shall  read : 

6.  When  any  question  is  under  debate  no  motion  shall  be 
received,  but,  first,  to  adjourn;  second,  to  lay  on  the  table; 
third,  to  postpone  to  a  day  certain ;  fourth,  to  indefinitely  post- 
pone; fifth,  to  commit;  sixth,  to  amend  —  which  several  mo- 
tions shall  take  precedence  in  the  order  in  which  they  are  ar- 
ranged. Motions  to  adjourn  and  lay  on  the  table  shall  be 
decided  without  debate. 

Also  amend  Eule  11,  by  adding  thereto  the  words  "  and  the 
rule  relating  to  the  motion  to  indefinitely  postpone,"  so  that 
the  same  shall  read  as  follows : 

11.  The  Convention  may  resolve  itself  into  a  Committee  of 
the  Whole  at  any  time  on  the  motion  of  a  member;  and  in 
forming  a  Committee  of  the  Whole,  the  President  shall  leave 
the  chair  and  appoint  a  chairman  to  preside  in  Committee; 
and  the  rules  of  proceeding  in  Convention  shall  be  observed  in 
Committee  of  the  Whole,  except  the  rule  limiting  the  times  of 
speaking,  the  rule  relating  to  calls  for  the  yeas  and  nays,  and 
the  rule  relating  to  the  motion  to  indefinitely  postpone. 

Mr.  Streeter  withdrew  his  motion  to  amend  the  rules  as 
above. 

Mr.  Cobleigh  of  Nashua  offered  the  following  resolution : 

Resolved,  That  this  Convention  take  up,  consider  and  dis- 
pose of  amendments  proposing  changes  in  the  Constitution  re- 
lating to  taxation;  that  all  other  amendments  proposed  be 
printed  and  lie  upon  the  table  unless  the  Convention  shall 


106         Journal  of  Constitutional  Convention. 

order  the  same  referred  to  some  Committee;  and  then  be  it 
further 

Resolved,  That  this  Convention  take  a  recess  until  Decem- 
ber 3,  1918,  at  eleven  o'clock  in  the  forenoon,  at  which  time 
the  proposed  amendments  may  be  taken  up  and  considered  and 
such  others  as  may  be  presented  under  the  rules. 

Question  being  on  the  resolution  of  Mr.  Cobleigh  of 
Nashua,  — 

Mr.  Lyford  of  Concord.  —  This  thrashes  out  a  question,  in  a 
measure,  which  I  supposed  we  settled  yesterday  afternoon,  and 
in  view  of  the  fact  that  this  is  not  a  full  Convention  at  the  pres- 
ent time,  I  suggest  that  the  resolution  be  laid  upon  the  table. 

On  motion  of  Mr.  Lyford  of  Concord,  the  resolution  of  Mr. 
Colbeigh  of  Nashua  was  laid  on  the  table. 

Mr.  Woodbury  of  Woodstock  moved  that  the  rules  be  so 
far  suspended  that  Resolution  No.  2,  Relating  to  the  Powers  of 
the  General  Court,  be  taken  from  the  table  and  made  a  special 
order  for  Friday  morning,  June  7,  at  10.05  o'clock. 

Question  being  on  the  motion  of  Mr.  Woodbury  of  Wood- 
stock, — 

Mr.  Lyford  of  Concord.  —  Mr.  President,  let  me  ask  the  gentle- 
man a  question :  it  is  your  desire,  is  it  not,  in  making  that  a 
special  order,  not  to  consider  it  in  the  Convention  but  to  con- 
sider it  in  the  Committee  of  the  Whole? 

Mr.  Woodhury  of  Woodstock.  —  Yes. 

President.  —  Permit  me  t»o  suggest  that  Eesolution  No.  2  is  the 
next  resolution  in  order  for  consideration. 

Mr.  Woodbury  of  Woodstock  withdrew  his  motion. 

Mr.  Bates  of  Exeter  moved  that  when  the  Convention  ad- 
journs today  it  adjourn  to  meet  at  nine  o'clock  tomorrow 
morning. 


Friday,  June  7,  1918.  )  107 


Mr.  Page  of  Portsmouth.  —  I  would  like  to  inquire  if  there  is 
not  a  rule? 

The  President.  —  A  resolution  was  adopted  yesterday  fixing  the 
hour  of  meeting",  but  that  can  be  changed. 

Mr.  Bates  of  Exeter  withdrew  his  motion. 

On  motion  of  Mr.  Hoyt  of  Hanover  the  Convention  ad- 
journed. 

AFTERNOON  SESSION. 

The  Convention  met  at  two  o'clock  according  to  adjourn- 
ment. 

On  motion  of  Mr.  Emerson  of  Milford,  the  Convention  ad- 
journed at  4.22  o'clock. 

FRIDAY,  June  7,  1918. 

The  Convention  met  at  ten  o'clock  according  to  adjourn- 
ment. 

Prayer  was  offered  by  the  Chaplain,  Rev.  Archibald  Black 
of  Concord. 

The  reading  of  the  Journal  having  begun,  — 

On  motion  of  Mr.  Lyford  of  Concord  the  rules  were  so  far 
suspended  that  the  further  reading  was  dispensed  with. 

Mr.  TTickey  of  Tilton  introduced  the  following  resolution : 

Rbsolution-  No.  14. 

Relating  to  Bill  of  Rights. 

Resolved,  That  Article  6  of  the  Bill  of  Rights  of  the  Consti- 
kition  be  amended  by  striking  out  in  lines  one  and  two  of  the 


108         Journal  of  Constitutional  Convention. 

first  paragraph  the  words  '^  rightly  grounded  ou  evangelical 
principles/^  and  in  line  thirteen  of  the  same  paragi-aph  the 
word  ''  Protestant/^  so  that  as  amended  the  said  Article  6 
shall  read  as  follows : 

A!rt.  6.  i\.'S  morality  and  piety  will  give  the  best  and  great- 
est security  to  government,  and  will  lay  in  the  hearts  of  men 
the  strongest  obligations  to  due  subjection,  and  as  the  knowl- 
edge of  these  is  most  likely  to  be  propagated  through  a  so- 
ciety by  the  institution  of  the  public  worship  of  the  Deity 
and  of  public  instruction  in  morality  and  religion,  therefore, 
to  promote  these  important  purposes,  the  people  of  this  State 
have  a  right  to  empower,  and  do  hereby  fully  empower, 
the  Legislature  to  authorize,  from  time  to  time,  the  several 
towns,  parishes,  bodies  corporate,  or  religious  societies  within 
this  State  to  make  adequate  provision,  at  their  own  expense, 
for  the  support  and  maintenance  of  public  teachers  of  piety, 
religion  and  morality.  Provided,  notwithstanding,  that  the 
several  towns,  parishes,  bodies  corporate,  or  religious  socie- 
ties shall  at  all  times  have  the  exclusive  right  of  electing  their 
own  public  teachers,  and  of  contracting  with  them  for  their 
support  and  maintenance.  And  no  person  of  any  one  par- 
ticular sect  or  denomination  shall  ever  be  compelled  to  pay 
toward  the  support  of  the  teacher  or  teachers  of  another 
persuasion,  sect,  or  denomination.  And  every  denomination 
of  Christians,  demeaning  themselves  quietly  and  as  good  sub- 
jects of  the  State,  shall  be  equally  under  the  protection  of 
the  law;  and  no  subordination  of  any  one  sect  or  denomina- 
tion to  another  shall  ever  be  established  by  law.  And  nothing 
herein  shall  be  understood  to  affect  any  former  contracts 
made  for  the  support  of  the  ministry;  but  all  such  contracts 
shall  remain  and  be  in  the  same  State  as  if  this  Constitution 
had  not  been  made. 

The  resolution  was  read,  laid  on  the  table  to  be  printed  and 
referred  to  tfhe  Committee  on  Bill  of  Eights  and  Executive 
Department. 


Fkiday,  June  T,  1918.  109 

Mr.  Dimcati  of  Jaff'rey  introduced  the  following  resolution : 

Resolution  No.  15. 

Relating  to  the  Referendum  of  Measures  Enacted  and  Re- 
jected by  the  General  Court,  and  Future  Mode  of 
Amending  the  Constitution. 

Resolved,  That  it  is  expedient  that  the  Constitution  be 
amended  as  follows: 

After  Article  5  of  Part  Second  of  the  Constitution  add  a 
new  article,  which  shall  be  numbered  Article  6,  and  which 
shall  be  as  follows : 

Aet.  6.  No  act  or  resolve  enacted  by  the  General  Court 
shall  take  effect  earlier  than  ninety  days  after  the  final 
adjournment  of  the  General  Court  passing  the  same,  except 
appropriation  bills  authorizing  expenditures  from  the  treas- 
ury of  the  State  for  purposes  authorized  by  existing  law,  and 
excepting  also  acts  or  resolves  declared  to  be  emergency 
measures.  An  act  or  resolve  declared  to  be  an  emergency 
measure  shall  include  a  preamhle  briefly  setting  forth  the 
facts  constituting  the  alleged  emergency.  A  separate  vote 
shall  be  taken  on  the  preamble  to  such  act  or  resolve  by  a  call 
of  the  yeas  and  nays,  and  unless  the  preamble  is  adopted  by  a 
two-thirds  vote  of  the  total  membership  of  each  branch  of 
the  General  Court,  the  act  or  resolve  shall  not  be  an  emergency 
measure. 

If  within  ninety  days  after  the  final  adjournment  of  any 
General  Court  a  referendum  petition  signed  by  not  less  than 
four  thousand  qualified  voters  of  the  State  shall  be  filed 
with  the  Secretary  of  State  against  any  act  or  resolve  passed 
by  the  General  Court,  except  as  above  stated,  such  act  or 
resolve  shall  not  become  law,  but  shall  be  submitted  to  the 
voters  of  the  State  at  the  next  ensuing  State  election.    If  a 


110    JouENAL  OF  Constitutional  Convention. 

majority  of  th^  votes  then  cast  thereon  is  in  the  affirmative, 
such  act  or  resolve  shall  become  law  in  thirty  days  after  such 
State  election;  but  if  the  majority  is  in  the  negative  the  act 
or  resolve  shall  become  null  and  void.  If  a  referendum 
petition  be  filed  against  an  emergency  measure,  such  meas- 
ure shall  be  law  until  it  is  voted  upon  by  the  voters,  and  if 
it  is  then  rejected  by  a  majority  of  the  voters  voting  thereon, 
such  measure  shall  be  thereby  repealed. 

The  General  Court  may,  by  majority  yea  and  nay  vote  in 
each  branch,  refer  any  act  or  resolve  to  the  voters  of  the 
State,  or  any  act  or  resolve  affecting  any  locality  to  the  voters 
of  that  locality  to  be  voted  upon  at  any  regular  or  special 
election,  as  directed  by  such  act  or  resolve,  and  such  act  or 
resolve  shall  become  law  thirty  days  after  having  been  ap- 
proved by  a  majority  of  the  voters  voting  thereon;  otherwise 
it  shall  be  null  and  void. 

If  an  act  or  resolve  proposed  in  the  General  Court  fails  to 
be  enacted  by  that  General  Court,  then  on  petition  of  the 
number  of  qualified  voters  last  above  stated,  and  filed  with  the 
Secretary  of  State  not  less  than  four  months  previous  to  the 
next  State  election,  said  act  or  resolve  in  its  original  form 
or  in  such  amended  form  proposed  in  the  General  Court  as 
may  be  petitioned  for  by  such  petitioners  shall  be  submitted 
to  the  voters  at  the  next  ensuing  State  election,  and  shall 
become  law  in  thirty  days  after  said  State  election  if  a 
majority  of  the  votes  cast  thereon  is  in  the  affirmative ;  other 
wise  it  shall  not  become  law. 

The  full  text  of  a  measure  submitted  to  vote  of  the  peo- 
ple under  this  article  of  the  Constitution  need  not  be  printed 
on  the  official  ballots;  but  until  otherwise  provided  by  law 
the  Secretary  of  State  shall  prepare  the  ballots  in  such  form 
as  to  present  the  measure  or  measures  concisely  and  intelK- 

giWy. 


Friday,  June  7,  1918.  Ill 

The  veto  power  of  the  Governor  shall  not  extend  to  any 
measures  accepted  by  vote  of  the  people  under  this  article 
of  the  Constitution . 

If  measures  determined  by  the  Supreme  Court  to  be  con- 
flicting shall  be  approved  by  a  majority  of  the  votes  sev- 
erally cast  thereon,  the  measure  receiving  the  highest  number 
of  affirmative  votes  shall  become  law  as  to  all  cc^flicting  pro- 
visions. 

The  Secretary  of  State  shall  print  and  distribute  to  each 
voter  in  the  State  entitled  to  vote  on  the  measures  to  be  sub- 
mitted, not  less  than  two  months  previous  to  the  time  of 
voting,  a  pamphlet  containing  the  titles  of  the  measures  to 
be  voted  upon  as  they  will  appear  on  the  official  ballot, 
together  with  the  full  text  of  the  measures  to  be  submitted; 
and  the  General  Court  shall  enact  legislation  for  carrying  this 
article  of  the  Constitution  into  eifect;  but  until  such  legis^ 
lation  shall  be  enacted  this  article  shall  be  self -executing,  and 
the  Secretary  of  State  and)  all  other  officers  shall  be  guided 
by  this  article  and  the  general  laws. 


Eenumber  Article  6,  making  it  Article  7,  and  likewise  re- 
number all  succeeding  articles  of  Part  Second  of  the  Con- 
stitution. 

«  «  «  4:  4( 

Strike  out  Articles  97,  98,  and  99,  of  Part  Second  of  the 
Constitution  as  it  now  stands,  and  insert  in  place  thereof  the 
following : 

Art.  97.  The  General  Court  may,  by  majority  yea  and 
nay  vote  of  all  the  members  elected  to  each  branch,  in  Joint 
Convention,  in  two  consecutive  Legislatures,  submit  to  the 
voters  amendments  to  the  Constitution,  which  shall  take 
effect  when  approved  by  a  majority  of  the  voters  voting 
titiereon,  and  not  otherwise. 


112         Journal  of  Constitutional  Convention. 

AnT.  98.  Any  amendment  to  this  Constitution,  proposed 
by  petition  of  not  less  than  eight  thousand  qualified  voters  of 
the  State,  and  filed  with  the  Secretary  of  State  not  less 
than  four  months  previous  to  any  State  election,  shall  be 
submitted  to  the  voters  of  the  State  at  that  election  in  the 
same  manner  as  amendments  proposed  by  the  General  Court, 
which  shall  take  effect  when  approved  by  a  majority  of  the 
voters  voting  thereon,  and  not  otherwise. 

Art.  99.  All  alterations  and  amendments  to  this  Consti- 
tution shall  take  effect  thirty  days  after  having  been  approved 
by  a  majority  of  the  voters  voting  thereon,  and  not  otherwise, 
the  Secretary  of  State  having  in  the  meantime  canvassed  the 
returns  of  the  voting  thereon,  and  having  certified  the  results 
thereof,  and  the  Governor  making  proclamation  thereof. 

The  reading  of  the  resolution  having  begun,  — 

On  motion  of  Mr.  Duncan  of  Jaffrey,  the  rules  were  so  far 
suspended  that  the  further  reading  of  the  resolution  was 
dispensed  with. 

The  resolution  was  laid  on  the  table,  to  be  printed,  and 
referred  to  the  Committee  on  Future  Mode  of  Amending  the 
Constitution  and  Other  Proposed  Amendments. 

'   Mr.  Metcalf  of  Concord  introduced  the  following  resolu- 
tion : 

Resolution  No.  16. 

Relating  to  the  G-overnor^s  Council. 

Resolved,  That  Articles  59  to  64  inclusive  of  the  Consti- 
tution be  stricken  out  and  all  reference  to  the  Council  in 
any  other  articles  be  eliminated. 


Fkiday,  June  1,  1918.  113 

The  resolution  was  read,  laid  on  the  table  to  be  printed  and 
referred  to  the  Committee  on  Bill  of  Rights  and  Executive 
Department. 

Mr.  Abbe  of  Dublin  introduced  the  following  resolution: 

Resolution  No.  17. 

Relating  to  Limitation  of  Taxation. 

•  Resolved,  That  the  words  "proportional  and,"  and  the  word 
"all"  twice  appearing  in  the  two  lines  following,  be  struck  out 
in  Part  Second,  Article  5,  and  at  the  end  of  the  article  these 
provisions  be  added:  Every  unmarried  resident  of  this 
State,  every  widow  or  widower,  who  has  reached  the  age  of  55 
years,  and  whose  last  annual  income  previous  to  April  1st 
of  the  current  year  when  his  property  is  listed  for  taxation, 
has  not  exceeded  $600,  shall  be  exempt  from  taxation. 

Every   husband    and   wife,    both   of   whom   have  reached 

the  age  of   55  years,   and  whose   combined   income  for   the 

year  previous  to  April  1st  of  the  current  year  has  not  ex- 
ceeded $800,  shall  be  exempt  from  taxation. 

No  resident  of  this  State  shaU  be  taxed  to  an  amount  to 
exceed  8%  of  his  last  annual  income  previous  to  April  1,  un- 
less such  income  has  exceeded  $1000;  to  exceed  10%,  unless 
such  income  has  exceeded  $1500;  to  exceed  15%  unless  such 
income  has  exceeded  $2-000;  except  when  times  of  peril  may 
demand  an  unusual  sacrifice  for  the  welfare  of  the  State. 

The  resolution  was  read,  laid  on  the  table  to  be  printed  and 
referred  to  the  Committee  on  Legislative  Department. 

Mr.  Duncan  of  Jaffrey  introduced  the  following  resolution : 


114        JouKNAL  OF  Constitutional  Convention. 

Eesolution  No.  18. 

Eelating  to  the  General  Court. 

•  Resolved,  That  it  is  expedient  that  the  Constitution  be 

amended  as  follows : 

Strike  out  Articles  Two,  Three,  Nine,  Ten,  Eleven,  Twelve, 
Thirteen,  Fourteen,  Fifteen,  Sixteen,  Seventeen,  Eighteen, 
Nineteen,  Twenty,  Twenty-one,  Twenty-two,  Twenty-three, 
Twenty-four,  Twenty-five,  Twenty-six,  Twenty-seven, 
Twenty-eight,  Twenty-nine,  Thirty,  Thirty-one,  Thirt3^-two, 
Thirty-three,  Thirty-four,  Thirty-five,  Thirty-six,  Thirty- 
seven,  Thirty-eight  and  Thirty-nine,  and  insert  in  pla«2e 
thereof  the  following :  — 

Art.  2.  The  supreme  Legislative  power  within  this  State 
si- all  be  vested  in  the  General  Cburt. 

Aut.  3.  The  General  Court  shall  assemble  semi-annually, 
on  the  first  Wednesday  of  January  and  July  of  each  year,  and 
at  such  other  times  as  they  may  judge  necessary,  and  shall  dis- 
solve and  be  dissolved  seven  days  next  preceding  the  first 
Wednesday  of  January,  biennially. 

Art.  9.  There  shall  be,  in  the  General  Court  of  this  State, 
a  representation  of  the  people,  biennially  elected,  and  founded 
upon  principles  of  equality,  and  in  order  that  such  representa- 
tion may  be  as  equal  as  circumstances  will  admit,  the  General 
Court  shall,  from  time  to  time,  divide  the  State  into  twenty 
districts,  as  nearly  equal  as  may  be  without  dividing  wards, 
towns  or  unincorporated  places ;  and  in  making  such  division 
tliey  shall  govern  themselves  by  the  number  of  voters  in  said 
districts,  and  timely  make  known  to  the  inhabitants  of  the 
State  the  limits  of  each  district;  such  districts  to  be  known  as 
Legislative  districts. 


Fkiday,  June  7,  1918.  115 

Art.  10.  From  each  of  sucli  Legislative  districts  there  shall 
be  chosen,  at  large,  by  the  system  of  proportional  voting  for 
representation  known  as  the  "Hare  Spence  System,"  whereby 
each  voter  may  cast  one  vote,  transferable  as  he  may  indicate, 
five  members  of  the  General  Court. 

Aet.  11.  The  members  of  the  General  Court  shall  be 
chosen  biennially,  in  the  month  of  November,  for  a  term  of  two 
years. 

Aet.  12.  Every  member  of  the  General  Court  shall  have 
been  an  inhabitant  of  this  State  for  five  years,  at  least,  preced- 
ing his  election ;  shall  be,  at  the  time  of  his  elction,  an  inhabi- 
tant of  the  district  he  may  be  chosen  to  represent;  and  shall 
cease  to  represent  such  district  immediately  upon  his  ceasing 
to  be  qualified  as  aforesaid. 

Aet.  13.  All  intermediate  vacancies  in  the  General  Court 
may  be  filled  up  from  time  to  time  in  the  same  manner  as  bien- 
nial elections  are  made. 

Aet.  14.  The  General  Court  shall  choose  their  own 
speaker,  appoint  their  own  officers,  and  settle  their  rules  of  pro- 
ceeding, and  shall  be  the  judge  of  the  returns,  elections  and 
qualifications  of  its  members,  as  pointed  out  in  this  Constitu- 
tion. They  shall  have  authority  to  punish  by  imprisonment 
every  person  who  shall  be  guilty  of  disrespect  to  the  General 
Court  in  its  presence,  by  any  disorderly  or  contemptuous 
behavior,  or  by  threatening  or  ill-treating  any  of  its  members,, 
or  by  obstructing  its  deliberations;  every  person  guilty  of  a 
breach  of  its  privileges  in  making  arrests  for  debt,  or  by 
assaulting  any  member  during  his  attendance  at  any  session; 
in  assaulting  or  disturbing  any  one  of  its  officers  in  the  execu- 
tion of  any  order  of  the  General  Court;  in  assaulting  any 
witness  or  other  person  ordered  to  attend  by,  and  during  his 
attendance  of,  the  General  Court,  or  in  rescuing  any  person 


116         Journal  of  Constitutional  Convention. 

arrested  by  order  of  the  General  Court,  knowing  them  to  be 
such. 

Art.  15.  The  Governor,  and  the  Council  shall  have  the 
same  powers  in  like  cases,  provided,  that  no  imprisonment 
by  either  for  any  oifense  exceed  ten  days. 

Art.  16.  No  member  of  the  General  Court  shall  be  arrested 
or  held  to  bail  on  mesne  process  during  his  going  to,  return- 
ing from,  or  attendance  upon,  the  General  Court. 

Art.  17.  A  majority  of  the  members  of  the  General  Court 
shall  be  a  quorum  for  doing  business,  but  when  less  than  two- 
thirds  of  the  members  elected  shall  be  present,  the  assent  of 
two-thirds  of  those  present  shall  be  necessary  to  render  their 
acts  and  proceedings  valid. 

Art.  18.  The  General  Court  shall  have  power  to  adjourn 
itself  from  time  to  time,  as  it  sees  fit. 

Art.  19.  The  presiding  officer  of  the  General  Court  shall 
receive  out  of  the  State  Treasury  as  compensation  in  full  for 
his  services,  for  the  term  elected,  the  sum  of  one  thousand 
dollars;  and  all  other  members  thereof  seasonably  attending 
and  not  departing  without  license,  the  sum  of  eight  hundred 
dollars. 

Art.  20.  The  journals  of  the  proceedings  of  the  General 
Court  and  all  public  acts  shall  be  printed  and  published  imme- 
diately after  any  adjournment  or  prorogation,  and  upon  mo- 
tion made  by  any  one  member,  the  yeas  and  nays  upon  any 
question  shall  be  entered  upon  the  journal  and  any  memher 
of  the  General  Court  shall  have  a  right,  on  motion  made  at  the 
time  for  that  purpose,  to  have  his  protest  or  dissent,  with  the 
reasons,  against  any  vote,  resolve,  or  bill  passed,  entered  on  the 
journal. 


Fkiday,  June  7,  1918.  117 

Art.  21.  Every  male  inhabitant  of  each  to^vn  and  ^Darish 
with  town  privileges,  and  places  unincorporated,  in  this  State, 
of  twenty-one  years  of  age  and  upward,  excepting  paupers  and 
persons  excused  from  paying  taxes  at  their  own  request,  shall 
have  a  right,  at  the  biennial  or  other  meetings  of  the  inhabi- 
tants of  said  towns  and  parishes,  to  be  duly  warned  and 
holden,  biennially,  forever,  in  the  month  of  November,  to  vote, 
in  the  town  or  parish  wherein  he  dwells,  for  a  member  of  the 
General  Court. 

Aet.  22.  And  every  person  qualified  as  the  Constitution 
provides,  shall  be  considered  an  inhabitant,  for  the  purpose  of 
electing  and  being  elected  into  any  office  or  place  within  this 
State,  in  the  town,  plantation  or  parish  where  he  dwelleth  and 
hath  his  home. 

Art.  23.  And  the  inhabitants  of  plantations  and  places 
unincorporated,  qualified  as  this  Constitution  provides,  who 
are  or  shall  be  required  to  assess  taxes  upon  themselves  towards 
the  support  of  government,  or  shall  be  taxed  therefor,  shall 
have  the  same  privilege  of  voting  for  members  of  the  General 
Court,  as  the  inhabitants  of  the  respective  towns  and  parishes 
aforesaid  have.  And  the  meetings  of  such  plantations  and 
places,  for  that  purpose,  shall  be  holden  biennially  in  the 
month  of  November,  at  such  places  respectively  therein  as  the 
assessors  thereof  shall  direct;  which  assessors  shall  have  like 
authority  for  notifying  the  electors,  collecting  and  returning 
the  votes,  as  the  selectmen  and  town  clerks  have  in  their  sev- 
eral towns  by  this  Constitution. 

Art.  24.  The  General  Court  shall  be  the  grand  inquest  of 
the  State,  and  all  impeachments  made  by  them  shall  be  heard 
and  tried  by  the  Supreme  Court. 

Art.  25.  The  Supreme  Court  shall  have  full  power  and 
authority  to  hear,  try  and  determine  all  impeachments  made 
by  the  General  Court  against  any  officer  or  officers  of  the  State, 


118  Journal  of  Constitutional  Convention. 

for  bribery,  corruption,  malpractice,  or  maladministration  in 
office,  with  full  power  to  issue  summons  or  compulsory  process 
for  convening  witness  before  them.  And  every  officer  im- 
peached for  bribery,  corruption,  malpractice,  or  maladminis- 
tration in  office  shall  be  served  with  an  attested  copy  of  the 
impeachment  and  order  of  the  Supreme  Court  thereon,  with 
such  citation  as  the  said  Supreme  Court  may  direct,  setting 
forth  the  time  and  place  of  their  sitting  to  try  the  impeach- 
ment ;  which  service  shall  be  made  by  the  sheriff  or  such  other 
sworn  officer  as  the  Supreme  Court  may  appoint,  at  least  four- 
teen days  previous  to  the  time  of  trial ;  and  such  citation  being 
duly  served  and  returned,  the  Supreme  Court  may  proceed 
in  the  hearing  of  the  impeachment,  giving  the  person  im- 
peached, if  he  shall  appear,  full  liberty  of  producing  witness 
and  proofs  and  of  making  his  defence  by  himself  and  counsel ; 
and  may  also,  upon  his  refusing  or  neglecting  to  appear,  hear 
tlie  proofs  in  support  of  the  impeachment,  and  render  judg- 
ment thereon,  his  non-appearance  notwithstanding;  and  such 
judgment  shall  have  the  same  force  and  effect  as  if  the  person 
impeached  had  appeared  and  pleaded  in  the  trial. 

Art.  26.  Their  judgment,  however,  shall  not  extend  fur- 
ther than  removal  from  office,  disqualification  to  hold  or  enjoy 
any  place  of  trust,  honor  or  profit  under  this  State;  but  the 
party  so  convicted  shall,  nevertheless,  be  liable  to  indictment, 
judgment  and  punishment,  according  to  the  laws  of  the  land. 

Renumber  Article  40,  making  it  Article  27,  and  likewise 
renumber  all  succeeding  articles. 

The  reading  of  the  resolution  having  begun, — 

On  motion  of  Mr.  Duncan  of  Jaffrey,  the  rules  were  so  far 
suspended  that  the  further  reading  of  the  resolution  was  dis- 
pensed with. 


Friday,  June  7,  1918.       .  119 

The  resolution  was  laid  on  the  table  to  be  printed  and 
referred  to  the  Committee  on  Legislative  Department. 

Mr.  Hoyt  of  Hanover  moved  that  the  rules  be  so  far  sus- 
pended that  the  further  reading  of  resolutions  be  dispensed 
with. 

On  a  viva  voce  vote  the  negative  prevailed. 

Mr.  Childs  of  Henniker  introduced  the  following  resolu- 
tion: 

Resolution  No.  19. 

Relating  to  Representation  in  the  House  of  Representatives. 

Resolved,  Amend  Art.  9,  Part  Second,  of  the  Constitu- 
tion by  striking  out  all  of  said  article  after  the  words  "as 
equal  as  circumstances  will  admit,"  in  the  fourth  line,  and 
inserting  the  following:  "the  Legislature  shall,  from  time  to 
time,  divide  the  State  into  one  hundred  districts  as  nearly 
equal  as  may  be  without  dividing  towns,  wards  and  unincor- 
porated places,  and  in  making  this  division  they  shall  govern 
themselves  by  the  number  of  legal  voters  in  said  districts,  and 
each  such  district  shall  be  entitled  to  one  representative." 
Also  strike  out  Article  10  of  the  said  Part  Second. 

The  resolution  was  read,  laid  on  the  table  to  be  printed  and 
referred  to  the  Committee  on  Legislative  Department. 

Mr.  Upton  of  Bow  introduced  the  following  resolution: 


120  JouKNAL  OF  Constitutional  Convention. 

Resolution  No.  20. 

lielating  to  Conferring  upon  the  General  Court  the  Power  to 

Impose  and  Levy  Reasonable  Assessments,  Rates  and 

Taxes  and  to  Classify  the  Subject  of  Taxation. 

Resolved,  That  Part  two,  Article  five  of  the  Constitution  be 
amended  by  striking  out  the  words  '^proportional  and''  and 
the  words  "upon  all  the  inhabitants  of,  and  residents  within, 
the  said  State,  and  upon  all  estates  within  the  same  "  so  that 
as  amended  said  Article  shall  read : 

Art.  5.  And,  further,  full  power  and  authority  are  hereby 
given  and  granted  to  the  said  Gleneral  Court,  from  time  to 
time,  to  make,  ordain,  and  establish  all  manner  of  wholesome 
and  reasonable  orders,  laws,  statutes,  ordinances,  directions, 
and  instructions,  either  with  penalties  or  without,  so  as  the 
same  be  not  repugnant  or  contrary  to  this  Constitution,  as 
they  may  judge  for  the  benefit  and  welfare  of  this  State  and 
for  the  governing  and  ordering  thereof  and  of  the  subjects 
of  the  same,  for  the  necessary  support  and  defense  of  the 
government  thereof;  and  to  name  and  settle  biennially,  or 
provide  by  fixed  laws  for  the  naming  and  settling  all  civil 
officers  within  this  State,  such  officers  excepted  the  election  and 
appointment  of  whom  are  hereafter  in  this  form  of  govern- 
ment otherwise  provided  for;  and  to  set  forth  the  several 
duties,  powers,  and  limits  of  the  several  civil  and  military 
officers  of  this  State,  and  the  forms  of  such  oaths  or  affirma- 
tions as  shall  be  respectively  administered  unto  them  for  the 
execution  of  their  several  offices  and  places,  so  as  the  same 
be  not  repugnant  or  contrary  to  this  Constitution;  and,  also, 
to  impose  fines,  mulcts,  imprisonments,  and  other  punish- 
ments; and  to  impose  and  levy  reasonable  assessments,  rates, 
and  taxes,  to  be  issued  and  disposed  of  by  w^arrant  under  the 
hand  of  the  Governor  of  this  State  for  the  time  being,  with 
the  advice  and  consent  of  the  Council,  for  the  public  service, 
in  the  necessary  defense  and  support  of  the  government  of  this 


Feiday,  June  7,  1918.  121 

State  and  the  protection  and  preservation  of  the  subjects 
thereof,  according  to  such  acts  as  are  or  shall  be  in  force  with- 
in the  same.  Provided,  that  the  General  Court  shall  not  au- 
thorize any  town  to  loan  or  give  its  money  or  credit,  directly  or 
indirectly,  for  the  benefit  of  any  corporation  having  for  its 
object  a  dividend  of  profits,  or  in  any  way  aid  the  same  by  tak- 
ing its  stock  or  bonds. 

Resolved,  further,  that  Part  II,  Article  6,  be  amended  by 
striking  out  the  whole  of  said  Article  and  by  inserting  in  place 
thereof  the  following: 

Art.  6.  The  public  charges  of  government,  or  any  part 
thereof,  may  be  raised  by  taxation.  The  subjects  of  taxation 
may  be  divided  according  to  their  kind  or  value  into  classes 
differently  taxed.  Taxes  shall  be  uniform  upon  the  same  class 
of  subjects  within  the  territorial  limits  of  the  authority  levy- 
ing the  tax. 

The  resolution  was  read,  laid  on  the  table  to  be  printed  and 
referred  to  the  Committee  on  Legislative  Department. 

Announcement  of  Committees. 

The  President  announced  the  following  standing  commit- 
tees: 

On  Bill  of  Rights  and  Executive  Department. 

Streeter  of  Concord. 
Hall  of  Dover. 
Buxton  of  Boscawen. 
Cavanaugh  of  Manchester. 
Pattee  of  Manchester. 
Gaffney  of  Nashua. 
Jacobs  of  Lancaster. 
Bartlett  of  Hanover. 


122         Journal  of  Constitutional  Convention. 

Bowker  of  Whitefield. 
Howard  of  Portsmouth. 
Towne  of  Franklin. 
Charron  of  Claremont. 
Header  of  Rochester. 
Norwood  of  Keene. 
Clement  of  Warren. 
Frost  of  Fremont. 
Towle  of  Northwood. 
Bartlett  of  Pittsfield. 
Gonlding  of  Conway. 
Tilton  of  Laconia. 

On  Legislative  Department. 

L5rford  of  Concord. 

Amey  of  Lancaster. 

Snow  of  Rochester. 

Barton  of  Newport. 

Doyle  of  Nashua. 

Scammon  of  Exeter. 

Brennan  of  Peterborough. 

Spaulding  of  Manchester. 

Watson  of  Keene. 

McAllister  (Geo.  I.)  of  Manchester. 

Hale  of  Laconia. 

Evans  of  Gorham. 

Wright  of  Sanbornton. 

Brown  of  Berlin. 

Duffy  of  Franklin. 

Eastman  of  Portsmouth. 

Butler  of  Haverhill. 

Haslet  of  Hillsborough. 

Hutchins  of  Stratford. 

Foote  of  Wakefield. 


Friday,  June  7,  1918.  123 

On  Judicial  Department. 

Plummer  of  Laconia. 
Howe  of  Concord. 
Demond  of  Concord. 
Upton  of  Bow.       \ 
Hamblett  of  Nashua. 
Belanger  of  Manchester. 
Prescott  of  Milford. 
Colby  of  Claremont. 
Madden  of  Keene. 
Donigan  of  Newbury. 
Aldrich  of  Northumberland. 
Woodbury  of  Salem. 
Lewis  of  Amherst. 
Pettee  of  Durham. 
Smith  of  Haverhill. 
Doe  of  Somersworth. 
Sise  of  Portsmouth. 
Baker  of  Hillsl»orough. 
Hodges  of  Franklin. 
Chandler  of  Chatham. 

On  Future  Mode  of  Amending  the  Constitution  and  Other 
Proposed  Amendments. 

Stone  of  Andover. 
Page  of  Portsmouth. 
Wallace  of  Canaan. 
Walker  of  Grantham. 
Varney  of  Rochester. 
Bartlett  of  Derry. 
Lawrence  of  Haverhill. 
Jones  of  Lebanon. 
Craig  of  Marlow. 
Emerson  of  Milford. 
Hull  of  Bedford. 


124         Journal  of  Constitutional  Convention. 

Rogers  of  Pembroke. 
Morrison  of  Peterborough. 
Young  of  Easton. 
Shirley  of  Conway. 
Ripley  of  Stewartstown. 
Farrell  of  Manchester. 
Hodgman  of  Merrimack. 
Schellenberg  of  Manchester. 
Spring  of  Laconia. 

On  Time  and  Mode  of  Submitting  to  the  People  Amendments 
Agreed  to  by  the  Convention. 

Pillsbury  of  Londonderry. 
Wilson  of  Manchester. 
Wentworth  of  Plymouth. 
Keyes  of  Milford. 
Chase  (L.  J.)  of  Concord. 
Callahan  of  Keene. 
Duncan  of  Jaffrey. 
Hoyt  of  Sandwich. 
Beede  of  Meredith. 
Curtis  of  Berlin. 
Morse  of  Littleton. 
Dow  of  Manchester. 
Angell  of  Derry. 
Farmer  of  Hampton  Falls. 
Hayden  of  Hollis. 
Duncan  of  Hancock. 
Foster  of  Waterville. 
Parsons  of  Somersworth. 
Beaman  of  Cornish. 
Bunton  of  Manchester. 


Friday,  June  7,  1918.  125 

On  Elections. 

Shurtleff  of  Lancaster. 
Brown  of  Concord. 
Eollins  of  Alton. 
Wetherell  of  Exeter. 
Ayres  of  Franconia. 
Huntress  of  Keene. 
Stanley  of  Lincoln. 
Eoy  of  Manchester. 
Chapman  of  Manchester. 
Bergquist  of  Berlin. 
Hallinan  of  Nashua. 
Towle  of  Newmarket. 
Deschenes  of  Manchester. 
Young  of  Eochester. 
Grlancy  of  Manchester. 
Schenck  of  Tamworth.' 
Eice  of  Eindge. 
Sayers  of  Manchester. 
Davis  of  Croydon. 
Smart  of  Bennington. 

Mr.  Duncan  of  Jaffrey  moved  that  the  Convention  resolve 
itself  into  Committee  of  the  Whole  for  the  purpose  of  consid- 
ering Eesolution  No.  2,  Eelating  to  the  Powers  of  the  General 
Court  and  Eesolution  No.  5,  Eelating  to  Taxation. 

Question  being  on  the  resolution  of  Mr.  Duncan  of  Jaf- 
frey,— 

Mr.  Kenison  of  Ossipee. — ^Mr.  President  and  Gentlemen  of  the 
Convention,  it  has  occurred  to  me  that  among  the  members 
of  this  Convention  are  a  goodly  number  of  farmers  and  others 
directly  or  indirectly  interested  in  agricultural  and  industrial 
enterprises.  It  is  also  apparent  that  there  are  many  amend- 
ments here  vv^hich  somebody  vs^ants  to  have  a  hearing  on.  This 
is  a  time  when  these  people  w^ho  are  engaged  in  that  kind  of 
work  cannot  be   too  busy.     Also,   another  and  to  my  mind   a 


126         JouKNAL  OF  Constitutional  Convention. 

more  important  condition  exists,  for  as  every  man  doing  busi- 
ness today  knows,  the  conditions  are  constantly  changing,  so 
that  any  action  upon  so  permanent  an  institution  as  our  Con- 
stitution cannot  be  intelligently  taken  at  this  time. 

Mr.  Kenison  of  Ossipee  offered  the  following  resolution : 

Whereas,  The  United  States  of  America  is  engaged  in  the 
great  international  conflict  now  on,  in  which  the  citizens  of 
New  Hampshire  are  doing  their  full  share,  and  because  of  the 
fact  of  this  great  war,  conditions  of  all  kinds  are  constantly 
changing  so  that  the  standard  of  yesterday  is  not  the  standard 
of  today: 

Resolved,  That  when  this  Convention  adjourns  at  the  morn- 
ing session  it  adjourn  to  the  call  of  a  committee  consisting  of 
the  President  and  one  member  from  each  county,  such  call  to 
issue  for  the  reconvening  of  this  Convention  within  one  year 
after  the  conclusion  of  the  present  war  and  the  establishment 
of  peace,  such  call  to  be  seasonable  for  the  submission  of  such 
proposed  amendments,  as  may  be  agreed  tipon,  at  the  succeed- 
ing biennial  election. 

Question  being  on  the  resolution  of  Mr.  Kenison  of  Ossi- 
pee,— 

Mr.  Brennan  of  Peterborough. — I  am  in  favor  of  this  resolu- 
tion. I  am,  however,  not  in  sympathy  with  the  idea  that  we 
ought  to  unduly  hurry  home  until  we  give  proper  attention  to 
matters  for  the  consideration  of  which  we  were  sent  here ;  there 
was  none  of  us  obliged  to  come  here,  and  there  were  probably 
others  in  our  home  place  who  would  have  been  pleased  to  have 
taken  up  the  duties  which  we  pledged  ourselves  to  perform.  We 
were  sent  here  to  consider  the  matter  of  amending  our  Consti- 
tution, but  I  am  becoming  apprehensive  that  this  Convention 
and  the  people  are  not  in  a  frame  of  mind  and  are  not  prepared 
during  the  continuance  of  this  terrible  war — when  our  not-to-be- 
interfered-with  business  is  fighting  the  enemy — to  give  the  neces- 
sary attention  to  the  important  questions  involved  in  these  pro- 
posed resolutions.     'V^Tiile   many   of   the   delegates  wish  to  pro- 


Feiday,  June  7,  1918.  127 

ceed  and  complete  the  work  of  the  Convention,  a  perhaps  larger 
number  are  intent  on  adjourning  upon  organization  until  after 
the  war.  With  this  uncertainty  and  proceeding  thus  far  without 
the  regular  special  committees,  we  are  making  little  or  no  prog- 
ress. It  is  a  very  unsatisfactory  mode  of  procedure  in  the  first 
instance,  to  consider  these  resolutions  in  a  Committee  of  the 
Whole;  it  is  not  the  most  effective  preliminary  step  for  a  Con- 
stitutional Convention  to  take.  A  Committee  of  the  Whole  will, 
Avithout  doubt,  serve  a  useful  purpose  at  later  stages  of  the  Con- 
vention's progress,  but  not  now.  The  consideration  of  these  reso- 
lutions, after  hearings  by  our  five  special  standing  committees, 
followed  by  their  report,  is  certainly  helpful  if  not  indeed  an  ab- 
solutely necessar3'  preliminary  step  in  the  most  intelligent  and 
expeditious  progress  of  the  business  of  this  Convention,  and, 
more  important  still,  providing  practically  the  only  place  where 
the  people,  outside  of  these  delegates,  have  the  opportunity  of 
appearing  to  express  their  views  and  to  advocate  or  object  to 
proposed  resolutions  in  which  they  may  be  interested. 

We  have  a  number  of  resolutions  here  embodying  similar  ques- 
tions: taxation  of  standing  timber,  intangibles,  incomes,  etc.; 
there  are  several  resolutions  which  might  be  substituted,  consoli- 
dated or  eliminated,  a  work  in  its  preliminary  handling,  for  the 
special  standing  committees,  and,  until  we  have  these  committees 
working,  our  progress  cannot  be  entirely  satisfactory. 

If  we  take  these  resolutions  before  special  committees,  those 
committees  will  have  hearings  and  work  upon  them,  and  finally 
recommend  to  this  Convention  something  to  act  upon.  Such 
committees  will  do  our  preliminary  work,  taking  steps  for  which 
a  Committee  of  the  Whole  is  not  so  well  calculated.  If  we  con- 
tinue on  as  we  are  and  as  a  preliminary  step,  to  consider  each 
resolution  in  the  Committee  of  the  Whole,  our  progress  will  be 
slow,  halting  and  unsatisfactory;  indeed  a  lot  of  us  are  really 
in  the  air  now  on  this  particular  question  before  us.  We  need 
committee  hearings,  and  recommendations,  if  we  are  to  proceed 
intelligently.  To  remain  here,  if  the  Convention  so  votes  is  our 
duty ;  we  have  no  right  to  say  we  must  hurriedly  go  home  and 
attend  to  onr  business;  our  business  is  here.  I  fear,  however, 
that  a  majority  of  the  delegates  are  intent  upon  adjournment  and 
are  not  prepared  to  do  business  at  this  time,  and  not  until  we 
reconvene  after  the  war.  I  myself  would  be  pleased-,  however, 
before  adjournment,  to  have  a  resolution  adopted  to  give  larger 
powers  to  the  Legislature  in  the  riiatter  of  taxation,  but  I  fear 
this  Convention  is  not  in  a  mood  to  do  anything  of  that  kind  now, 
and  nothing  other  than  to  organize  and  adjourn ;  hence  I  am 
In  favor  of  this  motion,  because  I  am  in  favor  of  having  all  the 


128    Journal  of  Constitutional  Convention. 

resolutions  presented  and  printed  for  our  careful  consideration 
to  the  end  that  when  we  come  tog-ether  again,  we  may  have  con- 
sidered these  matters  and  have  hearings  and  reports  by  the  spe- 
cial committees  having  the  resolutions  in  charge;  we  will  then 
be  in  much  better  condition  than  we  are  at  present  to  deal  with 
these  important  questions,  and  for  these  reasons  I  am  in  favor 
of  this  resolution. 

Mr.  Doyle  of  Nashua.— Mr.  President,  I  would  like  to  have  you 
(Mr.  Brennan)  President  of  the  United  States;  you  are  big 
enough,  we  all  know,  to  be  that.  1  came  here,  gentlemen,  and 
voted  to  adjourn,  because  1  had  in  mind  that  you  gentle- 
men would  have  somebody  in  our  midst  who  would  attempt 
to  adjourn  after  they  got  through  one  of  their  pet  schemes. 
I  am  willing  to  consider  any  job,  I  am  not  a  fifty-fifty 
fellow  any  way  or  any  place.  Now  we  voted  to  take  up 
this  legislation  and  do  our  duty,  and  gentlemen,  1  am  here 
to  stay  with  you  and  1  hope  I  won't  have  to  stay  long 
enough  to  give  our  friend  from  Amherst,  the  ministerial  gentle- 
man, a  chance  to  go  skating  on  ice  down  below,  where  he  sug- 
gested, because  I  don't  want  to  visit  that  locality  with  him,  but 
I  am  willing  to  stay  here  all  summer,  if  necessary,  to  do  our 
duty,  and  if  we  haven't  got  appropriation  enough,  I  will  take  a 
chance  to  try  to  get  enough  to  pay  my  own  way  until  this  work 
is  over.  I  noticed  we  all  started  out.  Mr.  President,  by  speaking 
of  the  w^ar  and  the  boys  across  the  water.  Some  of  us  are  inter- 
ested and  vitally  interested,  not  because  they  are  our  Country's 
but  some  of  us  are  interested  because  our  flesh  and  blood  is 
across  the  water.  T  see  the  parents  before  me,  some  of  them. 
Now,  then,  if  we  want  to  be  men  and  do  our  duty  at  home,  let's 
see  today  right  here  and  now  that  we  have  some  legislation 
whereby  we  might  get  a  revenue  to  take  care  of  these  boys  across, 
and  with  God's  help  bring  them  back  alive,  if  it  is  God's  will  that 
they  be  spared.  Why,  my  distinguished  friend  from  Peterbor- 
ough says  we  are  not  in  a  position  to  legislate.  Why,  you  will 
never  be  in  a  better  position ;  you  have  fine  committees — I  am  on 
one  of  these  committees,  Brennan,  and  you  are  with  me — and  I 
say  we  are  capable  of  looking  over  those  resolutions  and  making 
an  intelligent  report,  and  if  you  haven't  got  time  today,  let's 
take  time  tomorrow  and  you  can  work  on  Sunday,  if  you  want 
to,  if  you  go  to  church  in  the  morning. 

You  know,  probably,  some  of  you,  that  I  am  against  these  reso- 
lutions. I  say  we  ought  to  fight  them  down  like  men,  and  let's 
take  hold  of  this  business  and  do  our  duty  like  men.  I  heard 
some  rumbling  and  grumbling,  and  as  one  fellow  nearby  who 
wants  to  adjourn  says,  "Why  in  hell  don't  somebody  get  up." 
Why,  these  motions,  there  was  somebody  picked  out  to  put  this 


Friday,  June  7,  1918.  129 

resolution  through,  but  he  failed  evidently  to  get  up.  Now  i 
say  let's  not  fail  in  our  duty  here.  We  were  sent  here  to  do  a 
duty ;  so  let's  be  men  and  stick  to  it ;  and  if  we  have  a  lot  of  these 
fellows  with  so  much  money  they  don't  know  what  to  do  with  it 
and  we  can't  reach  them  unless  we  prepare  our  laws  to  make 
them  more  honest,  and  prepare  them  as  our  friend  Mr.  Lee  from 
Concord  would  like  to  have  them,  let's  get  at  these  intangibles 
and  m^ke  them  show  their  hands  and  share  with  the  farmer  and 
the  business  man  and  every  other  man  who  has  property  to  be 
taxed. 

Mr.  Hutchdns  of  Stratford. — Mr.  President,  personally,  I  admire 
Jerry  Doyle,  but  I  don't  think  much  of  his  consistency.  Yester- 
day he  was  for  adjournment,  but  today  he  isn't,  and  I  don't 
know  where  he  will  be  tomorrow.  I  will  agree  with  one  of  the 
gentlemen  who  has  spoken  that  when  this  Constitutional  Con- 
vention was  inspired,  that  we  were  not  at  war  with  Germany. 
We  are  today ;  and  when  he  says  our  first  duty  is  to  the  State  of 
New  Hampshire,  1  deny  it.  1  say  our  first  duty  is  with  the  boys 
over  there  and  the  government  at  Washington  and  everything 
else  should  take  a  back  seat.  If  I  had  let  a  contract  to  shingle 
my  house  and  the  contractor  came  to  do  the  job,  and  it  caught 
fire,  would  I  insist  that  he  shingle  it  and  not  put  the  fin   out' 

Not  so,  Mr.  President.  Put  the  fire  out  and  if  you  have  any 
house  left,  repair  it ;  if  you  haven't,  build  a  new  one  and 
you  may  want  to  use  asbestos  shingles  instead  of  cedar.  I  say 
our  first  duty  is  to  adjourn ;  go  to  our  homes,  work  to  win  the 
war,  and  defeat  the  Germans. 

Mr.  Tohey  of  Temple. — Mr.  President  and  members  of  the  Con- 
vention, I  shall  be  very  brief  in  my  remarks.  We  have  come 
here  as  a  body  of  New  Hampshire  citizens  elected  to  this  Conven- 
tion to  consider  these  matters  that  maj'  come  before  us.  There 
is  room  for  honest  differences  of  opinion  upon  this  resolution 
for  adjournment,  but  I  want  to  bring  one  matter  to  your  atten- 
tion. I  happen  to  be  in  the  banking  business  and  deal  in  stocks 
and  bonds.  I  have  some  customers  who  have  a  lot  of  money  and 
some  who  haven't  so  much.  I  am  perhaps  hurting  my  business 
in  advocating  this  thing,  but  that  does  not  make  any  difference. 
But  I  say  to  you  if  this  Convention  adjourns,  war  or  no  war, 
before  it  makes  some  provision  on  this  subject  of  the  taxation 
of  intangibles,  you  are  making  a  mistake,  for  if  you  pass  legisla- 
tion taxing  these  intangibles,  it  will  bring  you  a  new  source  of 
revenue  such  as  you  never  had  before,  and  you  need  it  in  these 
days,  and  you  will  then  have  acted  wisely.  Throughout  this 
State  there  are  men  of  means  and  capital  who  are  not  paying 
any  taxes  on  hundreds  of  thousands  of  dollars,  and  yet  the  Tax 


IS-O        Journal  of  Constitutional  Convention. 

Commission  urge  the  selectmen  of  the  towns  to  tax  farms  at 
their  full  value.  When  I  had  the  honor  of  being  on  the  Board  of 
Assessors,  1  received  a  letter  from  the  Assessors  in  Boston,  say- 
ing that  Mr.  and  Mrs.  So-and-So  of  your  town  claim  a  residence 
there  and  that  they  cannot  be  taxed  here  this  year,  and  that  the 
last  year  in  Boston,  they  were  taxed  for  $60,000.  Now  upon 
receipt  of  that,  1  called  on  them,  and  said :  "Are  you  going  to 
take  up  a  residence  here?"  They  said  that  they  were.  Then 
I  said :  "Then  it  becomes  my  duty  to  ask  you  to  fill  out  an  inven- 
tory." They  replied  that  they  would  never  sign  an  inventory 
blank.  I  said:  "Then  you  cannot  come  to  New  Hampshire  as  a 
citizen  under  the  statute."  I  said  to  them,  "What  does  your 
property  consist  of,  bonds  or  stocks  or  what?"  He  said:  "It  is 
all  stocks."  I  said :  "You  don't  need  to  worry,  then,  you  don't 
have  to  pay  on  those:  all  your  taxes  will  be  on  this  real  estate 
which  is  valued  at  $2,000."  He  asked,  "We  don't  pay  on  stocks?" 
I  said,  "No,  but  let  me  show  the  injustice  of  our  present  system. 
Next  door  is  a  widow  with  five  children  whose  husband  died  of 
tuberculosis  last  spring;  they  are  in  debt  and  they  are  burdened 
with  taxes  on  that  place,  which  the  assessors  are  told  to  tax  at 
full  value,  and  they  can't  raise  the  money.  Where  is  the  jus- 
tice?" They  said,  "There  is  no  justice,"  and  the  wife  turned 
around  and  drew  a  check  for  $100,  and  said :  "Give  this  to  the 
town;  I  can't  stand  to  be  a  party  to  such  injustice."  These 
conditions  are  everyw^here,  and  many  men  with  capital  invested 
in  intangibles  in  New  Hampshire  don't  pay  a  dollar.  I  assure 
you  if  this  resolution  to  adjourn  without  action  passes  today,  it 
puts  ofl:  the  time  when  you  are  going  to  get  an  income  from  these 
things  until  after  the  war  closes,  which  may  be  two,  three,  four, 
five  or  ten  years.  I  want  the  State  of  New  Hampshire  and  our 
fellovvmen  to  get  the  benefit  of  these  taxes  from  now  on.  1 
want  to  see  this  determined.  I  want  to  go  home,  also.  I  prefer 
to  go  home  rather  than  to  stay  here.  But  here  is  the  point. 
What  is  our  duty  in  this  thing?  We  are  here  today.  We  can  sit 
through  today,  gentlemen,  and  consider  this  subject  of  the  tax- 
ation of  intangibles  and  general  classification,  and  get  through 
today,  and  do  away  with  it,  and  get  through  tonight.  For  six 
months,  some  interests  have  planned  to  have  this  Convention 
adjourn  without  action.  I  want  to  say  to  you  further,  there 
have  been  some  in  this  Convention,  absolutely  pledged  to  get  this 
thing  out  of  the  way  before  it  is  born. 

Now,  gentlemen,  let  me  tell  you  two  remarks  made  here  this 
morning  in  conversation,  when  a  gentleman  supposed  to  make  an 
amendment  didn't  get  up,  as  had  been  expected,  and  one  of  the 
remarks  was  this :  "Why  in  hell  doesn't  he  jump  into  it?"     And 


Feiday,  June  7,  1918.  131 


the  other  remark  was  :  "Why  don't  the  damn  fool  get  up?"  I*  pnt 
it  to  you  as  clean  men  and  citizens  of  New  Hampshire,  let's 
not  back  up  men  who  use  language  like  that  to  get  this  thing 
out  of  the  way  by  a  well-laid  plan ;  let's  put  a  tax  on  intangibles 
and  have  a  revenue  we  never  had  before. 

Mr.  Snow  of  Rochester. — Gentlemen  of  the  Convention,  I  am  in 
favor  of  this  motion  ,and  I  can  tell  you  in  a  very  few  words 
why.  First,  let  me  say  that  I  am  not  here  to  burn  any  i)y co- 
technics  nor  to  get  your  applause.  We  can  be  easily  carried  oif 
our  feet  by  the  references  that  have  been  made  to  the  boys 
across  the  water  which  have  nothing  to  do  with  the  merits  of  the 
question  under  discussion.  You  don't  hear  the  parents  of  these 
boys  talking  about  them.  They  are  for  the  most  part  silent 
members  of  this  Convention.  Now,  gentlemen,  these  questions 
that  are  before  this  Convention  are  important  questions.  They 
deserve  our  careful  consideration.  They  are  all  important. 
Some  of  them  are  more  important  than  others.  The  disposition 
of  this  Convention,  being  hurried  for  time,  has  been  to  take  them 
up  in  the  order  in  which  they  appeared  to  us  to  be  the  most 
important.  These  questions  that  were  presented  here  in  the 
early  resolutions  are  the  questions  which  have  been  agitating  the 
people  of  our  State  and  which  have  been  widely  discussed  in  the 
papers ;  they  are  the  questions  to  which  public  attention  has 
been  drawn  as  the  most  important  which  we  are  to  consider ; 
but,  gentlemen,  are  we  considering  them  fairly?  Do  you  believe 
we  gave  the  subject  of  timber  taxation  yesterday  all  the  con- 
sideration that  it  ought  to  have?  It  was  not  referred  to  a  special 
committee.  It  was  discussed  in  the  Committee  of  the  Whole  but 
a  part  of  an  afternoon  session.  Did  we  do  right  or  should  it  have 
had  our  more  extended  thought  and  discussion?  If  this  resolu- 
tion is  not  adopted,  and  I  read  the  sentiment  here  aright,  we 
are  about  to  go  into  the  Committee  of  the  Whole  to  take  up  the 
next  most  important,  perhaps  a  more  important  question  than 
that  considered  yesterday.  What  is  the  inevitable  result,  with 
the  atmosphere  prevailing  in  this  Convention?  It  will  be  killed 
without  fair  consideration.  Why?  It  isn't  because  we  are  not 
fair-minded  men,  gentlemen ;  we  are  fair-minded  men ;  we  want 
to  do  our  duty ;  we  want  to  stay  on  our  job  if  it  is  right ;  but, 
gentlemen,  we  are  prejudicing  these  measures  so  that  when  we 
come  back  here,  if  we  do,  they  never  will  stand  in  a  fair  light 
with  us.  I  say  to  you,  gentlemen,  it  is  not  because  we  are  not 
fair,  but  unconsciously,  we  are  not  in  a  state  of  mind  to  give 
on  the  first  day  of  the  Convention,  but  we  were  not  then  in  the 
mood  to  go  home.     Gentlemen,  if  we  stay  here,  we  will  waste  our 


132        JouKNAL  OF  Constitutional  Convention. 

time  and  we  will  waste  it  in  the  face  of  the  national  propaganda 
to  speed  the  various  war  activities,  to  conserve  time,  to  con- 
serve energy,  for  the  great  business  we  have  on  hand.  We  are  in 
the  business  of  war,  gentlemen,  and  we  might  as  well  face  it, 
and  these  other  things  can  wait.  I  beseech  you,  gentlemen,  to 
apply  your  good  common  sense  and  consider  whether  we  should 
not  take  this  adjournment.  Let  me  repeat  to  you  I  am  heartily 
in  favor  of  this  resolution. 

Mr.  Stone  of  Andover. — ^The  gentleman  from  Temple  has 
brought  before  us  a  pathetic  case :  the  widow,  with  her  farm, 
who  has  to  pay  a  heavy  tax,  and  the  stockholder  with  his  stocks ; 
and  he  beseeches  this  Convention  to  stay  here  and  do  something, 
so  you  can  relieve  the  widow  and  the  stockolder  with  his  stocks. 
Now,  gentlemen,  it  is  within  the  power  of  the  Legislature  at  any 
minute  to  place  a  tax  on  stocks ;  it  is  entirely  unnecessary  to  hold 
a  Constitutional  Convention  in  order  to  tax  stocks.  The  Legis- 
lature has  the  power  under  the  Constitution  to  tax  them ;  but  it 
hasn't  done  so.  He  said  he  was  in  the  banking  business.  I 
apprehend  that  perhaps  in  regard  to  intangibles  he  might  mean 
to  have  the  stocks  and  intangibles  pay  a  small  tax.  Yesterday 
we  defeated  here  an  amendment  in  relation  to  woodlands  which 
affected  many  people  who  owned  small  lots,  and  I  don't  know 
any  reason  why  men  who  own  intangibles  should  be  asked  to  pay 
a  small  tax,  but  we  won't  talk  about  that.  His  argument  is 
practically  that  it  is  necessary  in  order  to  relieve  the  person 
who  has  bonds  and  compel  the  person  who  has  stocks  to  pay  a 
tax  upon  them,  and  I  say  to  you,  gentlemen,  that  the  Legislature 
has  power  to  tax  stocks,  but  they  haven't  done  it.  That  argu- 
ment all  falls  through.  I  do  feel,  as  the  last  gentleman  has 
said,  that  we  cannot  properly  consider  these  questions.  I  doubt 
very  much  if  I  should  call  upon  any  man  in  this  Convention  and 
ask  him  to  rise  if  he  thought  a  majority  of  his  people  wanted 
these  things  considered  at  the  present  time,  I  doubt  if  there  is 
a  man  in  this  Convention  who  would  want  to  rise  and  go  home 
to  his  constituents  and  say  a  majority  of  them  were  in  favor. 

Mr.  Lee  of  Concord. — I  would  like  to  ask  the  gentleman  a  ques- 
tion. You  confine  your  subject  altogether  to  stocks.  There  are 
notes  and  some  stocks  that  are  taxable  anyway,  but  I  would  like 
to  know  how  is  the  assessor  or  selectman  to  know  and  get  hold 
of  a  person  having  bonds  and  money  on  hand? 

Mr.  Stone  of  Andover. — The  argument  of  the  gentleman  is  this : 
because  a  man  who  has  money,  who  has  stocks  and  bonds,  will 
do  everything  to  evade  taxation  and  commit  perjury,  he  wants 
to  reach  him  so  he  won't  escape  taxation  only  in  part. 


Feiday,  June  7,  1918.  133 

Mr.  Lee  of  Concord. — Mr.  Speaker,  I  cannot  agree  with  the 
gentleman.  What  I  now  say  I  said  in  a  few  words  a  couple  of 
days  ago,  and  I  will  repeat  it.  I  think  the  people  should  have 
an  opportunity  to  determine  this  importa,nt  question.  It  makes 
no  diJBference  to  me  one  way  or  the  other,  because  I  have  no 
bonds,  and  I  have  no  stock;  but,  gentlemen,  two  or  three  or  four 
years  ago  this  coming  fall,  the  Tax  Commissioners  went  to  the 
expense  of  getting  a  man  from  Harvard  College  to  come  here 
and  discuss  the  question  of  taxation  in  regard  to  collaterals.  If 
I  remember  right  he  was  a  professor  from  that  college,  and  he 
had  made  a  study  of  the  taxation  of  intangibles.  We  spent  two 
or  three  evenings  here  from  eight  o'clock  until  twelve  or  one 
o'clock  in  this  hall.  Nearly  every  one  of  the  Eepresentatives 
were  here,  and  many  other  people — it  was  open  to  the  public. 
This  same  question  was  discussed,  and  all  he  was  brought  here 
for  was  to  see  if  he  could  tell  us  of  some  just  way  to  get  these 
people  who  had  their  money  invested  in  bonds  and  collaterals  to 
pay  an  honest  tax.  Now,  gentlemen,  you  are  able  to  say  whether 
you  want  to  do  it  or  not;  and  I  ask  any  of  you  to  ask  any  of 
your  selectmen  or  any  of  your  assessors  in  your  city,  and  they 
will  tell  you  that  if  you  want  to  go  to  work  and  make  a  just 
tax  for  these  people  who  are  living  now  on  their  incomes  from 
bonds  and  money  on  hand,  that  these  people  would  be  willing  to 
pay  their  just  dues  in  taxes,  but  as  long  as  you  have  the  tax 
the  way  it  is — for  instance,  say  that  your  tax  is  two  per  cent 
in  your  city  or  town — a  person  who  has  a  three  and  a  half  per 
cent  bond,  paying  two  per  cent  of  that  for  taxes,  would  have 
to  have  $100,000  to  get  an  income  of  $1200.  Gentlemen,  just  stop 
to  think  it  of  it,  is  that  right?  I  am  a  great  believer  in  people 
not  being  persecuted.  My  father  and  mother  came  from  a  coun- 
try where  they  were  persecuted  by  taxation,  and  it  will  never 
be  said  that  I  went  to  work  against  them,  but  I  want  to  do  by 
others  as  I  would  have  others  do  by  me.  I  believe  in  equaL taxa- 
tion; it  is  just  and  right,  no  matter  whether  a  person  has  his 
money  invested  in  collaterals,  bonds  or  real  estate  or  stock  in 
trade  or  stocks.  I  tell  you,  gentlemen,  look  at  this  thing  in  the 
right  light;  study  it  and  see  if  it  is  right.  These  men,  the  Com- 
missioners, if  I  remember  right,  went  to  work  and  told  the  Com- 
mittee on  Ways  and  Means  that  they  figured  it  out  that  one- 
fourth  per  cent  would  be  a  just  tax  on  collaterals.  If  I  am  not 
speaking  the  truth,  I  want  the  President  of  this  Convention  to 
tell  me;  he  was  one  of  the  Commission.  We  went  to  work  to- 
gether, and  after  we  got  through  we  admitted  that  we  thought 
about  three-fourths  ^r  cent  was  a  just  tax  for  these  people  to 
pay.    Now,  gentlemen,  perhaps  some  of  you  understand  what  I 


134       JouENAL  OF  Constitutional  Convention. 

mean.  For  instance,  say  our  tax  rate  is  two  per  cent ;  tliat  would 
be  $20  on  a  thousand  to  pay  on  real  estate,  stock  in  trade  or  any- 
thing of  that  kind ;  but  if  you  pay  three-fourths  of  one  per  cent 
on  collaterals,  you  pay  only  $7.50;  that  gives  them  the  other 
three  per  cent  or  the  two  and  one-half  per  cent  to  live  on.  Look 
at  it  in  the  right  light,  gentlemen.  You  can't  tell  me  the  people 
are  not  honest  in  this  Coilntry  and  in  this  State.  I  tell  you 
ninety-nine  per  cent  are  honest ;  but  you  are  driving  them  to  be 
dishonest ;  they  are  going  to  look  after  their  own  bread  and 
butter  first ;  and  you  cannot  blame  them.  That  is  the  way  you 
want  to  look  at  this  tax  proposition.  If  you  go  to  work  and 
make  your  tax  rate  a  flat  ra-te,  the  same  as  you  make  a  poll  tax 
a  flat  rate,  and  call  your  tax  rate  on  intangibles  three-fourths 
per  cent,  I  venture  to  say  your  town  and  city  will  receive  money 
from  these  people  that  you  are  losing  now.  Look  at  Massachu- 
setts, and  look  at  the  other  States  wiiere  it  has  been  worked  out. 
They  tell  us  they  get  more  than  twenty  times  enough  to  pay 
for  what  they  have  done.  Now,  I  tell  you,  gentlemen,  you  want 
to  look  at  this  in  the  right  light.  Let  us  not  be  slackers.  I  do 
not  want  to  use  that  word  slacker  because  I  don't  believe  any 
man  in  this  Convention  is  a  slacker ;  I  believe  every  man  came 
here  to  do  his  just  duty,  and  if  you  want  to  go  home  today  or 
tomorrow,  gentlemen,  I  am  with  you.  It  makes  no  difference  to 
me.  It  is  for  you ;  it  is  for  you,  laboring  men ;  it  for  you,  farm- 
ers ;  it  is  for  you,  business  men,  who  have  to  pay  taxes  on  your 
farms,  and  stock  in  trade,  and  things  of  that  kind.  The  poll-tax 
payer  might  say  it  makes  no  difference  to  him,  but  it  does  make 
a  difference  to  him.  The  farmer  might  say  the  same  thing. 
Why,  don't  you  see,  the  more  taxes  I  have  to  pay  on  my  real 
estate  or  my  stock  in  trade  makes  you  pay  the  difference,  and 
perhaps  instead  of  making  you  pay  your  just  due,  I  am  taking 
ten  fold  out  of  you,  just  as  the  gentleman  said  the  other  day 
about  the  lumber.  You  heard  the  gentleman  suggest  he  didn't 
care  what  the  taxes  were.  Why?  Because  he  represented  one  of 
the  largest  concerns  in  New  Hampshire.  Why  doesn't  he  care? 
Because  you  will  go  and  buy  it,  if  you  want  to  build  your  little 
Aome  or  farm  or  anything  of  the  kind;  he  makes  a  profit  all 
right,  and  you  are  the  one  paying  the  bills.  He  doesn't  lose. 
Gentlemen,  it  makes  no  difference  to  me  whether  you  pass  this 
resolution  or  not,  or  let  it  go  by,  but  I  want  you  to  remember 
that  it  would  be  one  of  the  greatest  things  ever  done  for  the  tax 
payers  in  general,  in  this  State. 

Mr.  Angell-of  Berry. — ^Mr.  President  and  Gentlemen,  I  want  to 
do  my  duty  as  a  delegate  to  this  Convention,  just  the  same  as  I 
trust  and  am  confident  each  one  of  you  wishes  to  do.     Now  it 


Fkiday,  June  7,  1918.  135 

seems  to  me  that  the  question  before  us  is  on  whether  we  shall 
stay  here  or  whether  we  shall  go.  It  is  not  the  question  at  this 
present  time,  in  my  opinion,  to  adopt  the  resolutions  that  have 
been  put  in  or  that  may  be  put  in,  but  whether  or  not  we  should 
stay  or  go.  Now  L  am  with  you  on  the  point  of  duty,  and  I 
would  like  to  ha^e  you  tell  me  why  we  can  serve  our  State  and 
our  Country  better  if  we  go  home.  1  would  like  to  have  you  tell 
m.e  how  we  can  do  these  same  things  better  if  we  stay.  This 
Constitution,  if  1  understand  it,  was  born  in  war  time,  when  the 
Eevolutionary  War  was  engaging  our  utmost  energies,  and  what 
is  the  matter  with  us  toda}^ — a  nation  many  times  larger  and 
stronger  than  the  colonies?  We  ought  to  stay  here  and  do  our 
duty,  if  it  is  necessary ;  but  why  can  we  save  the  Country  better 
by  going  than  by  staying;  how  can  we  help  win  this  war  better 
by  going  than  by  staying?  What  are  you  going  to  do  after  you 
get  home? 

Mr.  Cobleigh  of  Nashua. — Just  one  suggestion.  1  am  sure  that 
the  delegates  who  are  present  here  honestlj^  want  to  do  their 
duty.  There  isn't  any  question  about  that,  or  that  you  reflect  in 
a  large  measure  the  sentiment  of  your  particular  community, 
and,  I  suggest  to  you  this :  those  of  you  who  are  urging  us  to 
remain  here  and  consider  these  various  propositions  in  which 
you  are  interested  and  you  would  like  to  see  incorporated  into  'the 
organic  law,  or  changes  made  in  it,  that  there  is  no  way  under 
Heaven  that  you  can  so  ejffectually  defeat  them  as  to  force  this 
Convention  to  stay  here.  For  if  you  do,  and  submit  amendments 
to  the  people,  they  will  be  turned  down  just  as  sure  as  there 
is  a  God  in  Heaven,  by  the  average  person  at  the  next  election, 
with  the  present  temper  of  the  people  of  New  Hampshire. 

Mr.  Woodbuj'y  of  Woodstock. — There  are  no  slackers  in  this 
Convention,  and  1  hope  there  are  no  fools  in  it.  1  rise  to  explain 
my  position.  1  am  not  going  to  make  any  extended  remarks,  but 
I  simply  want  it  understood  just  how  I  stand.  I  came  to  this 
Convention  with  the  supposition  that  the  people  in  this  State, 
when  they  voted  for  this  Convention,  were  looking  for  some  sort 
of  relief  along  the  line  of  revising  our  Constitution  in  the  matter 
of  taxation.  When  the  Convention  was  voted  upon,  war  had  not 
been  declared  between  this  Country  and  Germany.  Now  condi- 
tions have  changed.  We  don't  know  just  what  conditions  may 
develop,  but  we  are  all  satisfied  that  there  are  some  changes 
that  should  be  made  when  the  proper  time  comes,  when  we  can 
deliberate  upon  them  fairlj^  and  squarely.  1  came  to  the  Con- 
vention believing  that  we  should  do  something,  whereby  our 
Legislature  would  be  given  more  power  in  the  matter  of  taxation. 
I  have  not  got  cold  feet.  1  am  not  linked  up  with  any  organiza- 
tion or  any  ring,  in  this  matter.     The  position  I  am  taking  today 


136        JouENAL  OF  Constitutional  Convention. 

is  that  I  want  to  save  something-  for  this  Convention  to  consider 
later.  I  have  been  a  member  of  a  Constitutional  Convention  be- 
fore. 1  have  been  a  member  of  two  Legislatures ;  and  when  im- 
portant measures  are  taken  up  and  killed,  it  is  a  pretty  hard 
matter  to  reconsider  them  and  give  them  a  fair  hearing.  Now 
we  have  some  important  matters  pending  in  this  Convention,  and 
we  are  not  in  a  mood  to  consider  them  fairly  and  justly,  at  this 
time.  My  idea  in  favoring  a  moion  to  adjourn,  to  which  I  am 
going  to  offer  an  amendment  to  the  motion  already  made,  is  to 
save  these  important  questions  and  not  let  our  Convention  die 
out  so  that  we  cannot  come  back  here  at  some  future  time, 
either  before  or  after  the  close  of  this  war,  and  consider  them 
fairly,  when  we  ai-e  in  a  different  mood  than  we  are  at  the  pres- 
ent time.  Now,  the  men  in  this  Convention  all  want  to  be  fair. 
There  isn't  a  member  of  it  but  wants  to  be  fair,  and  it  is  my 
honest  opinion  that  we  should  not  attempt  to  go  before  the 
people  with  an  amendment  that  just  simply  gets  through  this 
Convention,  with  a  strong  minority  against  it.  We  must  have 
some  amendments  to  submit  to  the  people  that  passed  by  a  large 
majority,  and  it  would  be  better  if  the  Convention  was  unani- 
mous in  the  adoption  of  these  amendments,  than  to  have  some 
amendments  that  go  through  with  a  strong  minority,  that  will 
go  home  and  work  against  them.  We  want  to  work  more  un- 
derstandingly  and  not  with  this  heavy  load  and  strain  upon  us 
that  we  have  at  the  present  time.  1  am  perfectly  willing  to  stay 
here  until  this  thing  is  settled,  if  the  Convention  so  votes,  but 
with  the  temper  of  the  Convention  as  it  is,  I  don't  think  we  are 
in  a  position  to  do  anything.  I  hope  if  this  resolution  to  adjourn 
is  adopted  that  no  further  consideration  of  these  important 
measures  will  be  taken  until  after  the  Convention  reconvenes. 

Mr.  Woodbury  of  Woodstock  offered  the  following  amend- 
ment to  the  resolution  of  Mr.  Kenison  of  Ossipee, — 

Insert  in  the  second  paragraph  after  the  word  "Conven- 
tion/' the'  words  "whenever  in  the  opinion  of  the  majority  of 
the  committee  the  public  good  requires  it,  and  in  any  event/' 
so  that  the  resolution  as  amended  shall  read  as  follows: 

Whereas,  The  United  States  of  America  is  engaged  in  the 
great  international  conflict  now  on,  in  which  the  citizens  of 
New  Hampshire  are  doing  their  full  share,  and  because  of  the 


Friday,  June  7,  1918.  137 

fact  of  this  great  war,  conditions  of  all  kinds  are  constantly 
changing  so  that  the  standard  of  yesterday  is  not  the  standard 
of  today : 

Resolved,  That  when  this  Convention  adjourns  at  the  morn- 
ing session  it  adjourns  to  the  call  of  a  committee,  consisting  of 
the  President  and  one  member  from  each  county,  such  call  to 
issue  for  the  reconvening  of  this  Convention,  whenever  in  the 
opinion  of  the  majority  of  the  Committee  the  public  good  re- 
quires it,  and  in  any  event,  within  one  year  after  the  conclu- 
sion of  the  present  war  and  the  establishment  of  peace,  such 
call  to  be  seasonable  for  the  submission  of  such  proposed 
amendments,  as  may  be  agreed  upon,  at  the  succeeding  bien- 
nial election. 

Question  being  on  the  amendment  offered  by  Mr.  Woodbury 
of  Woodstock  to  the  resolution  of  Mr.  Kenison  of  Ossipee, — 

Mr.  Kenison  of  Ossipee  accepted  the  amendment  offered  by 
Mr.  Woodbury  of  Woodstock. 

Question  being  on  the  resolution  of  Mr.  Kenison  of  Ossipee 
as  amended, — 

Mr.  Howe  of  Concord.— Mr.  President,  I  will  ask  you  to  lis- 
ten to  me  very  briefly.  1  hope  I  may  be  able  to  reach,  an  agree- 
ment with  the  g-reat  majority  of  the  gentlemen  here  that  as 
to  the  large  number  of  matters  presented — there  are  nineteen, 
J[  believe, — that  this  Convention  at  this  time  is  not  so  situated 
as  to  give  to  all  of  these  propositions  the  time  required.  I 
think  you  will  all  agree  with  me  in  that.  Now  if  you  agree  with 
me  as  to  that,  I  wish  to  call  your  attention  to  the  situation  as 
it  impreses  me  here  today.  There  were  certain  timber  people 
who  said  that  we  should  remain  in  session  and  deal  with  their 
project.  Their  project  was  to  exempt,  not  absolutely  exempt, 
but  to  decrease  the  taxation  of  timber ;  they  wanted  us  to  stay 
here  and  deal  with  that  proposition  and  that  proposition  only, 
and  then  go  home.  That  was  taken  care  of  yesterday.  Now 
there  remains  one  other  reason,   one  further  subject  has  been 


13'8        Journal  of  Constitutional  Convention. 

urged  upon  us  this  morning,  that  we  should  stay  here  and  deal 
with  one  further  proposition.  ITie  bond  salesman  wants  us 
to  stay  here  and  make  a  market  for  his  bonds.  Should  we 
stay  here  for  that  purpose?  This  matter  of  the  taxation  of 
intangibles,  whatever  its  merits  are,  we  must  agree,  I  think, 
it  cannot  be  dealt  with  at  this  time.  Shall  we  stay  here  for 
that  purpose?  I  say  no.  I  think  we  had  best  adjourn;  that  we 
should  vote  in  favor  of  the  resolution  which  has  been  offered, 
and  then  come  back  when  the  time  is  ripe,  and  take  up  every 
one  of  the  nineteen  or  more  propositions ;  refer  them  to  com- 
mittees in  the  regular  way,  thrash  them  out,  treat  them  all 
fairly,  and  then  adjourn  finally.  Take  a  recess  now  until  that 
time.  That,  it  seenas  to  me,  is  the  part  of  wisdom.  The  vote 
the  other  day,  167  to  183,  or  thereabouts,  would  probably  have 
been  the  other  way;  we  probably  would  have  adjourned  then 
but  for  our  absentees.  I  hope  we  will  take  the  right  course, 
the  fair  course,  and  adjourn  now  as  the  resolution  calls  for, 
and  come  back  at  the  proper  time  and  deal  with  every  man's 
proposition  that  is  presented  here. 

McNulty  of  Manchester. — I  was  going  to  suggest,  gentlemen, 
that  the  previous  speaker,  the  gentleman  who  got  up  here  to 
make  an  amendment  which  would  adjourn  this  Convention, 
that  he  request  the  National  Committee,  both  Democratic  «nd 
Eepublican,  to  postpone  the  election  of  our  next  Congress  until 
after  the  war.  The  gentlemen  who  are  anxious  to  adjourn  this 
Convention  simply  use  the  war  as  a  subterfuge.  You  have 
given  until  July  11th  to  submit  resolutions,  which  shows  that 
we  are  here  for  business.  Those  who  want  an  adjournment  have 
used  all  kinds  of  dilatory  methods  and  with  all  have  failed. 
The  majority  of  the  members  know,  and  the  people  of  New 
Hampshire  know,  that  our  Constitution  needs  amending  to  be 
in  harmony  with  the  true  spirit  of  democracy. 

Mr.  Schellenherg  of  Manchester. — Mr.  President  and  Gentle- 
men, if  this  question  is  to  be  voted  upon  it  seems  the  majority 
of  delegates  are  here;  some  have  traveled  by  automobile,  some  • 
have  come  by  train,  and  some  have  walked,  and  if  we  are  going 
home  we  want  to  go  home. 

Mr.  Schelknberg  of  Manchester  demanded  the  yeas  and 
nays. 

/  Mr.  Emerson  of  Milford. — We  all  like  a  horse  trot  in  the  fall, 
and  we  get  nervous  when  they  keep  starting  the  horses  a  dozen 
times  before  they  make  the  race.     But  they  keep  starting  them 


Fkiday,  June  7,  1918.  139 


till  they  start  right.  Another  illustration  I  want  to  bring  be- 
fore you  from  my  family  life:  God  blessed  me  with  as  good 
a  wife  as  He  gave  me  a  mother ;  but  there  comes  times  in  my  life 
when  I  get  nervous  and  I  have  to  pack  my  grip  and  leave  my  wife 
for  two  or  three  days  until  I  get  back  to  normal  again.  It  is  an 
experience  we  have  all  had.  We  started  out  in  this  Convention  by 
calling  each  other  names,  slackers,  and  such  things,  and  we  all 
got  nervous  and  irritable.  We  have  made  a  false  start.  It  is 
apparent  we  have  got  to  have  a  change.  Let's  pack  our  grips 
and  go  home  and  get  normal  again.  We  can  consider  these 
questions  for  the  present  apart,  and  then  come  back  here  for 
their  final  discussion  and  determination  at  some  later  date. 

Mr.  Emerson  of  Milford  moved  the  previous  question. 

Question  being  shall  the  main  question  now  be  put, — 

On  a  viva  voce  vote  the  previous  question  was  ordered. 

Mr.  Lewis  of  Amherst  raised  the  point  of  order  that  no  pro- 
vision was  made  in  the  rules  of  the  Convention  for  the  order- 
ing of  the  previous  question. 

The  President  ruled  the  point  not  well  taken. 

Question  being  on  the  resolution  of  Mr.  Kenison  of  Os- 
sipee, — 

Mr.  Lee  of  Concord.  — I  rise  for  a  parliamentary  inquiry.  I 
believe  in  division,  but  in  justice  to  the  man  who  called  for 
the  yeas  and  nays  I  think  you  should  ask  him  to  withdraw. 

The  President. — Mr.  Schellenberg's  call  was  not  supported  by 
the  requisite  number. 

Mr.  Brennan  of  Peterborough. — I  rise  for  a  parliamentary  in- 
quiry. There  is  no  provision  in  this  motion  as  to  how  the  com- 
m.ittee  will  be  appointed.  I  suppose  in  the  absence  of  that  it 
would  be  appointed  by  the  Chair. 

The  President. — In  the  absence  of  any  other  provisions  the 
commit ee  will  be  appointed  by  the  Chair. 

Mr.  Lyford  of  Concord  demanded  the  yeas  and  nays. 


140        Journal  of  Constitutional  Convention. 

The  demand  was  seconded  by  ten  delegates  in  the  Conven- 
tion. 

Mr.  Quimby  of  Concord, — I  rise  for  information.  Was  the 
amendment  offered  by  the  gentleman  from  Woodstock  accepted 
or  rejected  by  the  mover? 

The  President. — It  was  accepted  by  the  mover.  The  ques- 
tion is  on  the  resolution  of  Mr.  Kenison. 

Mr.  Emerson  of  Milford. — There  is  an  inquiry  in  this  section 
as  to  whether  this  means  a  final  adjournment  now  or  whether 
the  Convention  sits  again  if  this  resolution  is  adopted? 

The  President. — It  is  not  a  final  adjournment.  There  are  some 
matters  in  connection  with  the  payroll  and  other  things  that 
have  to  come  up  before  final  adjournment. 

Mr.  Emerson  of  Milford. — iVnd  this  Convention  will  sit  again 
if  this  motion  is  adopted? 

Tne  President. — This  Convention  will  necessarily  sit  again 
if  this  resolution  is  adopted ;  if  this  resolution  is  adopted  it 
does  not  mean  an  immediate  adjournment  at  this  time  but  takes 
effect  when  this  session  does  finally  adjourn. 

Yeas,  23*0. 

Aldrich  of  Dalton,  Amey,  Annis,  Ayres,  Bailey  of  Sunapee, 
Baker  of  Hudson,  Ball,  Barnard,  Bartlett  of  Hanover,  Bart- 
lett  of  Pittsfield,  Barton,  Bates  of  Exeter,  Beandoin,  Beede, 
Belanger  of  Concord,  Bell,  Bennett,  Ben  way,  Bergqnist,  Blanch- 
ard.  Booth,  Bowker,  Brennan,  Brown  of  Berlin,  Brown  of  Con- 
cord, Brown  of  Hampton,  Brown  of  Manchester,  Bullock,  Bun- 
ten  of  Dunbarton,  Burbank,  Bntler,  Buxton,  Byrne,  Callahan, 
Carpenter,  Cavanaugh,  Chandler,  Chase  of  Ward  5,  Concord; 
Clark  of  Acworth,  Clarke  of  Walpole,  Cobleigh,  Cogan,  Cole  of 
Stark,  Cox,  Coy,  Curtis  of  Berlin,  Curtis  of  Northumberland, 
Bame,  Damon,  Davis  of  Croydon,  Davis  of  Hopkinton,  Davis 
of  Middleton,  Dean,  Dearborn  of  Belmont,  Dearborn  of  Ef- 
fingham, Demond,  Deschenes,  Dickinson,  Dort,  Dow,  Duffy, 
Eastman  of  AUenstown,  Eastman  of  Weare,  Eaton,  Edgerly  of 
Tuftonboro,  Ela,  Elliot,  Emerson  of  Hampstead,  Emerson  of 
Manchester,  Emerson  of  Milford,  English,  Evans  of  Jefferson, 
Earrell,  Faulkner,  Fellows,  Fessenden,  Foisie,  Foote,  Foss, 


Feiday,  June  7,  1918.  141 

Foster^  French  of  Moultonborough,  Gaffney,  Gage,  Gall,  Gar- 
land,  George,   Gibson,   Gilchrist,   Gordon   of   New  Ipswich, 
Grant,    Gray,    Greer,    Hale,    Hallinan,    Hancock,    Hayford, 
Haynes,  Head,  Hodginan,  Holt,  Hopkins,  Home,  Howard, 
Howe,  Hoyt  of  Newington,  Hoyt  of  Sandwich,  Hubbard,  Hull, 
Hunkins,  Huntress,  Hutchins  of  Berlin,  Hutchins  of  Strat- 
ford, Johnson  of  Pittsburg,  Jones  of  New  Durham,  Kelley, 
Keniston  of  Ellsworth,  Kenison  of  Ossipee,  Kennett,  Keyes, 
Kingsbury,  Kittredge,  Knox,  Lang,  Lawrence,  Leach,  Lee, 
Lewis,  Locke,  Lombard,  Lyford,  Marston,  Mason  of  Keene, 
Mason  of  Marlborough,  McElroy,  McHugh,  Meader  of  Eoches- 
ter,  Meader  of  Wolfeboro,  Metcalf,  Moffett,  Morrison,  Morse  of 
Hebron,   Morse   of   Littleton,   Newman,   Nichols,   Norwood, 
Noyes,  Ordway  of  Greenland,  Ordway  of  New  Hampton,  Page 
of  Gilmanton,  Parker  of  Benton,  Parker  of  Claremont,  Parker 
of  Goffstown,  Pattee,  Patterson,  Perkins  of  Laconia,  Pettee, 
Philbrook  of  Laconia,  Pike,  Pillsbury  of  Londonderry,  Pills- 
bury  of  Sutton,  Plummer  of  Laconia,  Plummer  of  Milton, 
Price,  Prince,  Pulsifer,  Eandall,  Eeed,  Eice,  Eipley,  Eogers 
of  Newport,  Eollins,  Sargent  of  Concord,  Sargent  of  Pittsfield, 
Sawyer,  Schellenberg,  Scott,  Shaw  of  Chichester,  Shaw  of 
Nashua,  Shaw  of  Salisbury,  Shirley,  Sleeper,  Smith  of  Brent- 
wood, Smith  of  Center  Harbor,  Smith  of  Dover,  Smith  of 
Haverhill,  Snow,  Spaulding  of  Manchester,  Stevens,  Stoddard, 
Stone,  Streeter,  Stuart,  Sturtevant,  Sweeny,  Tarbell,  Temple^ 
ton,    Towle   of   Newmarket,   Towle   of   Northwood,   Towne, 
Trickey,  True,  Varney,  Veazie,  Waldron,  Walker,  Waterman, 
Wellman  of  Keene,  Wendall,  Wentworth  of  Dover,  Wescott, 
Wheeler  of  Manchester,  Whitcomb,   Whitman,  Whitney  of 
Barnstead,  Whitney  of  Goshen,  Wight,  Willey,  Wilson  of  Man- 
chester, Wilson  of  Salem,  Winn,  Woodbury  of  Woodstock, 
Woodward,  Worthen,  Young  of  Easton,  Young  of  Laconia, 
Hoyt  of  Hanover  (%  vote),  Updyke  (%  vote.) 


142        Journal  op  Constitutional  Convention. 

Nays,  791/2. 

Abbe,  Angell,  Bailly  of  Manchester,  Beaudette,  Belanger  of 
Manchester,  Bresnahan,  Brown  of  Deerfield,  Bnnton  of  Man- 
chester, Chapman,  Chase  of  Manchester,  Childs,  Clement, 
Coakley,  Connor  of  Bristol,  Connor  of  Manchester,  Davis  of 
Manchester,  Devost,  Dillingham,  Doyle,  Dnncan  of  Jaffrey, 
Eagan,  Edgar,  Flanders,  French  of  Concord,  Frost,  Frye, 
Gagnon,  Cingras,  Goodwin,  Gorham,  Hall  of  Langdon,  Ham- 
mond, Hayden,  Hodges,  Hughes,  Hnrd  of  Dover,  Hurd  of 
Sharon,  Laberge,  Lapointe,  Ledonx,  Livingston,  Magan,  Ma- 
honey,  McAllister,  G.  I.;  McCarthy  of  Ward  4,  Manchester; 
McCarthy  of  Ward  13,  Manchester;  McDaniel  of  Barrington, 
McKeon,  McLaughlin,  McISTulty,  Morrill,  Moses,  Mower, 
Newell,  Parsons,  Pearson,  Peirce,  Pillsbury  of  Man- 
chester, Pound,  Quimby,  Eand,  Eines,  J.  J.  Ryan,  P.  J.  Ryan, 
Sayers,  Schoolcraft,  Shaw  of  North  Hampton,  Smart  of  Ben- 
nington, Smart  of  Dover,  Smith  of  Deering,  Thompson, 
Tobey,  Tuck,  Weber,  Wells,  Welpley,  Wheeler  of  Canter- 
bury, Wright,  Young  of  Rochester,  Tyng  (^/^  vote). 

Pairs. 

Cole  of  Rochester,  voting  yes,  was  paired  with  Goulding  of 
Conway,  voting  no. 

McDaniel  of  Nottingham,  voting  yes,  was  paired  with 
Welch  of  Dover,  voting  no. 

Two  hundred  and  thirty  votes  having  been  recorded  in  the 
affirmative  and  seventy-nine  and  one-half  votes  in  the  nega- 
tive, the  resolution  was  adopted. 

Question  being  on  the  motion  offered  by  Mr.  Duncan  of 
Jaffrey, — 

On  a  viva  voce  vote  the  negative  prevailed. 


Friday,  June  7,  1918.  143 

Mr.  French  of  Moultonborough  offered  the  following  reso- 
lution : 

Resolved,  That  the  official  stenographers  be  directed  to 
make  a  copy  of  the  debates  verbatim,  and  that  they  be  paid  in 
full  for  their  services  in  copying  said  debates  the  usual  com- 
pensation of  twenty-five  cents  for  each  hundred  words,  and 
that  their  account  be  audited  by  the  Governor,  who  shall  draw 
his  warrant  for  the  same. 

Resolved,  That  the  Secretary  of  the  Convention  be  in- 
structed to  supervise  the  printing  of  the  Journal  of  the  Con- 
vention, eliminating  such  extraneous  remarks  a,s  do  not  apply 
directly  to  the  subject  under  discussion,  and  all  unnecessary 
tabular  matter,  and  to  prepare  and  cause  to  be  printed  there- 
with a  proper  and  extended  index,  under  suitable  headings, 
for  ready  reference  to  names,  towns,  and  subjects ;  and  that  his 
bill  for  compensation  therefor,  when  audited  and  approved  by 
the  Governor  and  Council,  be  allowed  and  paid. 

Resolved,  That  the  Secretary  be  instructed  to  procure  2,800 
printed  copies  of  the  Journal  of  the  Proceedings  of  the  Con- 
vention up  to  the  time  of  adjournment  on  June  7,  1918,  600 
copies  of  which  shall  be  bound  in  pamphlet  form  and  dis- 
tributed by  the  Secretary  to  the  members  of  the  Convention 
as  soon  as  possible. 

On  a  viva  voce  vote  the  resolution  was  adopted. 

On  motion  of  Mr.  Lyford  of  Concord  the  Convention  took 
a  recess  until  1.30  o'clock  this  afternoon. 

AFTER  RECESS. 

The  Convention  was  called  to  order  at  1.30  o'clock. 


144        Journal  of  Constitutional  Convention. 

Mr.  French  of  Moultonborough,  for  the  Committee  on  Fi- 
nance, presented  the  following  report  and  recommended  its 
adoption. 

We  recommend  that  the  Secretary  be  authorized  to  make 
up  the  pay-roll  of  the  members  of  this  Convention  as  follows : 

Three  days^  services  at  $3  per  day  for  437  mem- 
bers         $3,933.00 

That  the  officers  and  employes  be  allowed  the  re- 
spective sums  placed  opposite  their  names : 

A.  Chester  iClark,  Secretary '         59.00 

Bernard  W.  Carey,  Assistant  Secretary 59.00 

Walter  J.  A.  Ward,  Sergeant-at-Arms 16.00 

Eev.  Archibald  Black,  Chaplain 10.00 

Gruy  S.  Neal,  Doorkeeper 10.50 

George  Lawrence,  Doorkeeper 10.50 

Albert  P.  Davis,  Doorkeeper 10.50 

Edward  K.  Webster,  Doorkeeper 10.50 

Greorge  Goodhue,  Warden  of  Coat  Eoom 10.50 

John  C.  O'Hare,  Assistant  Warden  of  the  Coat 

Eoom  10.50 

M.  J.  Diamond,  Messenger 10.50 

Joseph  H.  Lane,  Page 7.50 

Walter  Pilllsbury,  Page 7.50 

Margaret  A.  Conway,  Official  Stenographer 22.50 

That  the  following  bills  for  incidental  expenses  be 
allowed : 

Western  Union  Telegraph  Company .86 

J.  H.  Forster,  Eental  of  Typewriter 1.00 

Edson  C.  Eastman  Co.,  stationery  and  supplies.  23.94 


And  the  total  amount  of  all  the  above  bills,  as 

approved  by  the  Finance  Committee,  is. . .     $4,213.80 


Feiday,  June  7,  1918.  145 

That  all  other  bills  in  connection  with  the  session  of  this 
Convention  he  approved  by  the  G-overnor  and  Council,  who 
shall  draw  his  warrant  for  the  same. 

The  report  of  the  Finance  Committee  was  accepted  and  the 
recommendations  adopted. 

Mr.  Tobey  of  Temple  offered  the  following  resolution : 

Resolved,  That  the  delegates  of  this  Convention  agree  to 
accept  payment  for  their  services  in  thrift  stamps  rather  than 
cash,  the  thrift  stamps  to  be  mailed  to  each  delegate  in  lieu 
of  the  usual  check,  and  the  State  Treasurer  be  and  is  hereby 
requested  to  pay  the  same  in  accordance  with  the  provisions 
of  this  resolution. 

Question  being  on  the  resolution  of  Mr.  Tobey  of  Temple, — 

Mr.  Newell  of  Alstead  offered  the  following  amendment : 

Add  at  the  end  of  said  resolution  the  words,  "and  each  town 
shall  be  credited  with  the  amount  due  the  delegate  or  dele- 
gates from  such  town.'^ 

Question  being  on  the  amendment  of  Mr.  Newell  of 
Alstead, — 

Mr.  Newell  of  Alstead  withdrew  his  amendment. 

Question  being  on  the  resolution  of  Mr.  Tobey  of  Temple, — 

On  a  viva  voce  vote  the  resolution  was  adopted. 

On  motion  of  Mr.  Spaulding  of  Manchester  the  following 
resolution  was  adopted: 


146        Journal  of  Constitutional  Convention. 

Resolved,  That  the  Secretary  of  State  be  instructed  to  reim- 
burse members*  and  officers  of  the  Convention  for  their  actual 
expenditures  for  railroad  transportation  and  the  Grovernor  is 
authorized  to  draw  his  warrant  for  the  same. 

Mr.  Pound  of  Wolfeboro  offered  the  following  resolution  and 
moved  the  adoption  thereof  by  a  rising  vote : 

Whekeas,  a  large  part  of  the  world  is  at  war  and  those 
ideals  of  justice  and  liberty  for  which  this  nation  has  always 
stood  are  in  grave  peril ;  be  it  therefore 

Resolved,  That  this  Constitutional  Convention  of  New 
Hampshire,  assembled  in  regular  session  at  Concord,  June  7, 
1918,  does  hereby  express  its  loyalty  to  the  administration  in 
its  conduct  of  the  war,  and  hereby  pledges  itself  to  the  support 
of  those  measures  looking  to  peace  with  victory  for  the  allied 
arms. 

Question  being  on  the  adoption  of  the  resolution  of  Mr. 
Pound  of  Wolfeboro, — 

On  a  rising  vote  the  resolution  was  unanimously  adopted. 

Appointment  of  Committee. 

The  President  announced  the  following  named  gentlemen  as 
the  members  of  the  committee  provided  for  in  the  resolution 
relating  to  the  reconvenino^  of  the  Convention  at  a  future  date : 


't? 


Albert  0.  Brown  of  Manchester,  President,  ex  officio. 
Buckingham  County,  John  Scammon  of  Exeter. 
Strafford  County,  Leslie  P.  Snow  of  Rochester. 
Carroll  County,  Arthur  E.  Kenison  of  Ossipee. 
Belknap  County,  William  A.  Plummer  of  Laconia. 
Merrimack  County,  James  0.  Lyford  of  Concord. 
Hillsborough  County,  Charles  S.  Emerson  of  Milford. 


Friday,  June  7,  1918.  147 

Cheshire  County,  Harris  H.  Eice  of  Eindge. 
Sullivan  County,  Jesse  M.  Barton  of  Newport. 
Grafton  County,  Edwin  J.  Bartlett  of  Hanover. 
Coos  County,  John  C.  Hutchins  of  Stratford. 

On  motion  of  Mr.  Emerson  of  Milford  the  Convention  ad- 
journed subject  to  the  call  of  the  committee  provided  for  in 
the  resolution  relating  to  the  reconvening  of  the  Convention 
at  a  future  date. 

BEENAED  W.  CAEEY, 

Assistant  Secretary. 
A  true  record. 
Attest : 

Bernard  W.  Carey, 

Asst.  Secretary. 


V 


INDEX 


I.  Index  of  Names  of  Persons, 

11.  Index  of  Names  of  Places. 

III.  Index  of  Subjects. 

IV.  Index  of  Resolutions. 


I.     Index  of  Names  of  Persons. 


INDEX  OF  NAMES  OF  PEESONS. 


Abbe,  Harry  A.  G 9,  83,  57,  79,  113,  142 

Aldrich,  Arthur  C 15,  56,  123 

Aldrich,   Frank  L 47,  104 

Aldrich,  William  B 8,  140 

Allen,    Richard    R , 12 

Amey,  John  T 11,  56,  76,  77,  88,  122,  140 

Andrews,  Elisha  C 5,  16,  57 

Angell,  Edmund  R 8,  124,  134,  142 

Annis,  John  D 7,  56,  140 

Ayres,    Philip    W. .  .  J 9,  35,  57,  59,  76,  77,  79,  82,98 

96,100,102,103,  125,  140 

Bailey,   Murvin  A 4,  17,  55,  140 

Bailly,  Eugene    13,  56,  142 

Baker,  John  J ^ 10,  57,  140 

Baker,   Stillman   H 10,  56,  123 

Ball,  Sumner  N 17,  22,  57,  140 

Barnard,  Orlo  E 13,56,140 

Bartlett,  Benjamin  T 8,57,  123 

Bartlett,  Edwin  J 10,  56,  121,  140,  147 

Bartlett,  Josiah  True 11 

Bartlett,    Richard   B 15,  56,  122,  140 

Barton,  Jessie  M 15,  122,  140,  147 

Bates,  Charles  S 9,  50,  56,  106,  140 

Bates,  Lawrence  C. . 15 

Beal,  Frank  J 15,  50 

Beaman,  William  E 8,  56,  124 

Beaudet,    Louis    Phillippe 14,  142 

Beaudoin,   Phillippe  E 6,56,  140 

Beckman,    Phineas   P 16,56 

Beede,    John    F .< 13,  124,  140 

Belanger,  Cyprien  J 13,  57,  123,  142 

Belanger,  Phileas  P 56,  140 

Bell,  Frank  U 11,56,140 

Bennett,   William   A 9,57,140 

Benway,   Arthur   L 11,  57,  140 

Berquist,  Andrew  P 6,125,  140 

Bilodeau,  Alcide  .  .  .  .  ^ 16,22 

15^ 


I 

154  Names  of  Peksons. 


Black,  Rev.  Archibald 46,59,107,  144 

Blanchard,    Marshal    C 12,57,  140 

Boisvert,  Louis  0 10,57 

Booth,  William  G 10,  56,  140 

Bowker,  Edgar  M 17,  122,  140 

Brennan,   James   F 4,  15,  29,  SO,  57,  68,  87,  88^  95,  100 

103,  104,  122,  126,  128,  139,  140 

Bresiiahan,    Curtis    R 14,  57,  142 

Brown,    Albert    0 12,19,  43,  44,  55,  56,  70,  74,  95,  96 

100,  101,  104,  106,  107,  139,  140,  146 

Brown,  Charles  R 8,57,  142 

Brown,  John  H 8,  56,  125,  140 

Brown,   Joseph   B 10,  50,  140 

Brown,   William    Robinson ^. 6,  56,  122,  140 

Bullock,    Stephen   A 5,  16,  57,  140 

Bunten,   John 9,  57,  140 

Bunton,  Andrew  B 12,  57.  124,  142 

Burbank,   John  A 6,57,  140 

Butler,    Luther    C 10,  22,  56,  122,  140 

Buxton,    Willis    G 7,  57,  121,  140 

Byrne,  John    11,57,  140 

Callahan,  William  J 10,  52,  57,  124,  140 

Carey,    Bernard   W 21,  144 

Carpenter,  Mason  A .  .  17,  57,  140 

Carroll,   Frank  X 12 

Carter,  Albert  S 15,  56 

Cater,  William  J 16,  50,  56 

Cavanaugh,   John   B 12,  57,  72,  121,  140 

Chandler,  Hazen 7,  56,  123,  140 

Chapman,  Charles  E 13,  56,  142 

Charron,  Henry  E 7,  56,  122 

Chase,  Arthur  H 8,  50,  56,  140 

Chase.   Levin  J 7,  57,  124 

Chase,  Robert  R 12,  23,  57,  73,  74,  142 

Chevrette,    Joseph    13,  57 

Childs,   Curtis  B 10,  23,  57,  119,  142 

Clark,  Edward  Everett 14,  50,  57 

Churchill,  Guy  L 7,57 

Clark,  A.  Chester 4,  21,  144,  147 

Clark,  Henry  A 6,56,140 

Clark,  Walter  H 7 

Clarke,   Alfred 17,  57,  140 

Clement,  Frank  C 17,  42,  57,  59,  122,  142 


Names  of  Persons.  155 

Clough,  Arthur  F 11,  56 

Clough,  John  E 12,56 

Coakley,  Charles  P 7,  142 

Cobleigh,    Marshall    D 14,  22,  57,  66,  105,  106,  135,  140 

Cogan,    William    15,  140 

Colby,  *Ira  G 7,  123 

Cole,    Ervin    J 16,  140 

Cole,   Wilber  P 16,57,  142 

Collins,    James    H 12,  57 

Connor,  John  J 13,  22,  57,  142 

Connor,   John   R 7,  57,  142 

Conway,  Miss  Margaret  A 47,  59,  144 

Cote,  Cleophas    14,  57 

Couture,  Ernest  J 6 

Cox,   Nathan   B 10,  140 

Coy,    Lewis   H 17,  56,  140 

Craig,    Rockwell   F 13,57,  123 

Crowell,   Fred   J 14 

Curtis,  Antipus  H 15,  56,  140 

Curtis,    James    Clare 6,  56,  124,  140 

Dame,  John  L 15,  50,  56,  140 

Damon,   Clarence  M 9,57,140 

Davis,    Albert    P 46,144 

Davis,   Edgar  W 8,56,  140 

Davis,  Henry  C 10,  50,  56,  140 

Davis,  Meander  H 13,56,140 

Davis,  Samuel  F 13,57,  142 

Dean,   Harry  G 5,  8,  57,  140 

Dearborn,  Brock 6,  9,  56,  140 

Dearborn,  Richard   57,  140 

Demond,  Fred  C 8,  56,  123,  140 

Deschenes,   Ludger   J 12,  56,  125,  140 

Devost,  Noel    13,  57,  142 

Diamond,   M.   J 104,  144 

Dickerson,    LaFell    17,  50,  57,  140 

Dillingham,   Thomas   M 50,  56,  142 

Dionne,   Charles    14,  50,  57 

Doe,  Bert  P ., 14,56 

Doe,  Haven 16,  123 

Donigan,  Joseph  A 14,  57,  12S 

Dort,  Asa  C .17,  57,  140 

Dow,   Clinton   1 13,  56,  124,  140 

Doyle,    Jeremiah   J 14,  32,  37,  41,  69,  100 

101,122,128,129,142 


156  Names  of  Peksons. 

Duffy,   Walter  F 9,43,56,122,  140 

Duncan,  Cristy  H 10,  57,  84,  87,  88,  124 

Duncan,   George   H 10,  18,  27,  28,  29,  31,  32,  45 

55,  57,  62,  74,  75,  76,  109 
112,  113,  118,  124,  125,  142 

Eagan,  William  B 12,  57,  142 

Eastman,  Eugene  B 16,122 

Eastman,  Fred  S 6,57,  140 

Eastman,   George   H 17,  56,  140 

Eaton,  Tracey  A 13,56,  140 

Edgar,    Robert    13,  57,  142 

Edgerly,  John  A 17,  53,  56,  140 

Edgerly,   Joseph  A 9 

Ela,    Mason   T 17,  56,  140 

Elliott,  Edward  A 16,56,  140 

Emerson,   Charles  S 18,  89,  40,  41,  57,  103,  107 

123,  188,  139,  140,  146,  147 

Emerson,  Frank  H -.13,50,56,140 

Emerson,    Frank   W 10,  50,  56,  140 

English,  Fred  H 11,56,140 

Entwistle,  Thomas 15,  22,  56 

Evans,  Alfred  R 9,57,122 

Evans,  George  C 10,  56,  140 

Farmer,    Walter   B 10,  56,  124 

Farnum,  Edwin  W 9,57 

Farrell,    Frank    E 12,  124,  140 

Faulkner,  Frank  S .17,  50,  57,  140 

Fellows,   David   L 16,140 

Felton,  Charles  L 7,56 

Fessenden,   Orville  D 5,  7,  57,  140 

Flanders,  Mark  B 13,57,  142 

Floyd,    Charles    F 16,57 

Foisie,  William  E 14,57,  140 

Foote,  Arthur  L 17,  56,  122,  140 

Foss,  Alba  R.  H 16,56,140 

Foster,  John  H 17,  57,  76,  79,  82,  97,  124,  141 

Fowler,  Edward  M 15,56 

Francoeur,  Adelard  J 13 

French,  Charles  J 8,  57,  142 

French,  James  E 14,  44,  50,  56,  58,  141,  143,  144 

Frost,    Stephen   A 9,  57,  122,  142 

Frye,  Joshua  F 17,  50,  57,  142 


Names  of  Persons.  157 

Gaffney,   Frederick  J 14,  121,  141 

Gage,   Fred    10,  56,  141 

Gagne,  Peter  M 16 

Gagnon,  Remi 13,  57,  142 

Gall,   William   H. . 7,  56,  141 

Garland,  Eben  0 6,  141 

Gaudreau,  Laurent  J 16 

George,  John  P 7,  23,  56,  141 

Gibson,  James  L 8,  22,  23,  47,  50,  57,  141 

Gilchrist,  Daniel  R 14,57,141 

Gingras,  George  J 13,57,  142 

Glancy,  William  F 12,125 

Goodhue,   George    46,  144 

Goodwin,  Miss  Bertha 47 

Goodwin,   David   L 17,  57,  142 

Gordon,  George  W 6,18 

Gordon,  Phillip  F 14,  56,  141 

Gorham,  John 12,  57,  142 

Goulding,   Lorin  D 8,  56,  122,  142 

Grant,  David  A 12,  56,  141 

Gray,   John    7,  57,  141 

Greer,  Benjamin  F 9,  50,  141 

Griffin,  Norris  C 11 

Hale,   Fletcher    11,  56,  122,  141 

Hall,  Dwight 8,  121 

Hall,    William    "..11,56,142 

Hallinan,  Stephen  L 14,  56,  125,  141 

Hamblett,  Charles  J 14,123 

Hamlin,  Frank  W 7,56 

Hammond,  Frank  0 6,57,  142 

Hancock,  Frank  M IS,  50,  56,  141 

Haslet,  George  W 10,  56,  122 

Hayden.   Daniel  W 10,  43,  57,  124,  142 

Hayford,  John  E 15,  50,  141 

Haynes,   Charles  F 9,57,  141 

Head,   Eugene  S 10,  22,  57,  141 

Hebert,    Henry    13,57 

Hill,   Edson   J T 8,18 

Hill,   Fred   P 15,  50 

Hodges,   Gilbert    9,  57,  123,  142 

Hodgman,  James  C.  F 13,  56,  124,  141 

Holt,   Ralph  W 14,  57,  141 

Hopkins,    Edwin   C . : 10,  57,  141 


158  Names  of  Persons. 

Horan,    Richard   H 12,28 

Home,   Roy  C 16,  141 

Howard,  Alfred  F 15,  56,  122,  141 

Howe.  DeWitt  C 8,  42,  56,  123,  137,  141 

Hoyt,   Charles  B 16,  124,  141 

Hoyt,    Horace    F 18,  34,  57,  103,  107,  119,  141 

Hoyt,    Jackson    M 14,  56,  141 

Hubbard,    Osmon   H 9,  57,  141 

Hughes,   Frederick   J 17,  56,  69,  142 

Hull,  Edmund  B 6,56,  123,  141 

Hunkins,  Willard  H 10,  57,  141 

Huntress,  Frank 11,  56,  125,  141 

Hurd,  Calvin  A 16,56,  142 

Hurd,    Clarence    1 8,  50,  57,  142 

Hutchins,   George  E 6,  7,  57,  141 

Hutchins,  John  C 17,  19,  22,  31,  56,  90,  93,  95,  96 

101,  103,  104,  122,  129,  141,  147 

Jacobs,  Bernard   11,  56,  121 

Johnson,   Charles  H 15,  56,  141 

Johnson,  William  B 11 

Jones,  Dana  P 14,  141 

Jones.  Fred  A 11,  56,  123 

Kahler,  Albion    18 

Kelley,  Forest  E 15,  57,  141 

Kenison,  Arthur  E 5,  15,  57,  125,  126,  136 

137,  139,  140,  141,  146 

Keniston,  Henry  B 9,56,141' 

Kennett,  Walter 12,  57,  141 

Keyes,  Arthur  L 13,  57,  124,  141 

King,  William  J 17,  23,  57 

Kingsbury,   Edward   A * 11,  56,  141 

Kinney,  William  E 4,  6,  7 

Kittredge,  Emett    18,56,141 

Knox,   Wiiliam   H 12,  50,  56,  141 

Laberge;  Joseph   13,  50,  57,  142 

Lampron,  John  P 14,  57 

Lamson,  Frank  O 14,57 

Lane,  Joseph  H 47,  144 

Lang,   Benjamin   F 7,  57,  141 

Laplante,   Napoleon    14,  56 


Names  of  Persons.  159 

Lapointe,  Thomas  N 9,  142 

Lawrence,    George    46,  144 

Lawrence,  William  E 10,  57,  123,  141 

Leach,   Nathaniel   R 9,56,  141 

Ledoux,   Toussaint    14,57,  142 

Lee,  William  A 18,  36,  46,  56,  58,  73,  132,  133,  139,  141 

Lewis,   Jonathan   S 6,  51,  57,  123,  139,  141 

Little,  Ellon  S 10,  57 

Livingston,  Frank  C 12,  22,  57,  142 

Locke,    Charles   F 11,  50,  57,  141 

Lombard,  Darwin 7,  23,  56,  141 

Lord,   Alfred  E 11,  56 

Lovering,    John   W 16,  57 

Lyford,  James  0 4,  7,  23,  24,  26,  27,  28,  29,  30,  31,  32 

36,  37,  38,  39,  40,  41,  43,  44,  45,  46 
54,  56,  58,  63,  70,  74,  75,  76,  104 
106,    107,    122,    139,    141,    143,    146 

Madden,    Charles    A. 10.  56,  123 

Magan,  Peter  J * 12,  57,  142 

Mahoney,  Martin  L. .  . !  ....  13,  142 

Marshall,  James 5,  8 

Marston,   Eugene    17,  56,  141 

Marvin,    Oliver    B 5,  14 

Mason,   Merrill    13,56,141 

Mason,  Wallace  E 11,  23,  57,  64,  89,  141 

McAllister.  George  1 12,  57,  122.  142 

McAllister.  John  J.,  Jr 5,  12,  57 

McCarthy,    Daniel   J 12,  142 

McCarthy.    William    M 13.57.142 

McDaniel,    Arthur   W.* 15.  50.  56,  142 

McDaniel.    Frank    6,57.  142 

McElroy,    William    13,  50.  56,  141 

McHugh,  Thomas  H 9,56,141 

McKeon,    James   H 8,  142 

McLaughlin,  Charles  J ^ 13,  57,  142 

McNally,  William  F 16.22.57 

McNulty,   Michael   J 12,  25,  57,  138.  142 

Meader.   John   L 16.122,141 

Meader,  Joseph  T 18.57.  141 

Merrill,  John  F 17 

Metcalf,  Henry  H..  .5.  8.  26.  28,  29,  30,  41,  57,  65,  68,  112.  141 

Moffett,  Henry  M *. 6.  56,  1.41 

Morey.  Charles  H 5,  10 


160  Names  of  Persons. 

Morin,  Hector 9,56 

Morrill,   George  W 9,  142 

Morrison,  Mortier  L 15,  57,  68,  124,  141 

Morse,    Frank   0 10,  57,  141 

Morse,   Harry  M 11,  56,  124,  141 

Moses,  William  H 5,  17,  57,  142 

Mower,  Will  J 10,  57,  142 

Neal,  Guy  S 46,  144 

Nelson,   Charles  1 17,  56 

Newell,   Chauncey  J 6,57,142,145 

Newman,   Frank   P. .  . 12,  141 

Nichols,  Curtis  J 16,141 

Norwood,    Charles   M 10,  44,  57,  122,  141 

Noyes,   Charles  E 11,  56,  141 

Nute,   Eugene   P 9,22,56 

O'Hare,    John    C 46,  144 

O'Neil,  William  J 14,  57 

Ordway,   Bert   G 14,  57,  141 

Ordway,  Nathaniel  P 10,  141 

Page,  Calvin   15,  53,  55,  56,  103,  107,  123 

Page,  Royal  L 9,  53,  56,  141 

Pariseau,  Hertel 12,  50 

Parker,  Frank  A 9,  56,  141 

Parker,   Hosea  W 3,  4,  7,  56,  68,  141 

Parker,    Lebina    H 6,  141 

Parsons,  John 16,  57,  124,  142 

Pattee,  Jesse  B 12,  56,  121,  141 

Patterson,  Joab  N *. 8,  44,  57,  68,  141 

Paul,   George  W 7,  23 

Pearson,  Henry  F 17,  57,  142 

Peaslee,    Frank   J 7,  18 

Pecor,    Charles   A 13,  57 

Peirce,  George  W 5,  17,  57,  68,  142 

Perkins,  Charles  H 11,  50,  56,  141 

Perkins,  James  E 6,22 

Perley,  Joseph  B 9,22 

Pettee,    Charles    H 9,56,67,  123,  141 

Philbrook,  Charles  E 6,16,56 

Philbrook,  Lester 11,  22,  57,  141 

Philpott,  James  P 16,57 

Pike,    George   W .11,  23,  44,  45,  46,  58,  141 


Names  of  Persons.  161 

Pillsbury,   Fred   S 12,  23,  57,  142 

Pillsbury,    Herbert   L 17,  56,  141 

Pillsbury,  Rosecrans  W 3,  4,  11,  51,  57,  68,  69,  70,  124,  141 

Pillsbury,  Walter 47,  144 

Plummer,  Bard  B 14,  141 

Plummer,  William  A 11,  128,  141,  146 

Pound,   William   H 3,  18,  50,  57,  142,  146 

Prescott,  Benjamin  F 13,  56,  59,  123 

Prescott,  Herbert  M 11 

Price,   William   E 11,  56,  141 

Prince,   George  A 14,  57,  141 

Pulsifer,   Willard    C 7,  56,  141 

Quimby,    Frank    P 8,  21,  22,  46,  57,  104,  140,  142 

Rand,   George  D 7,  57,  142 

Randall,   Harold  E ; 7,  57,  141 

Redfield,  Horace  A 12 

Reed,  Frank 17,  141 

Rice,   Harris   H 16,  57,  125,  141,  147 

Rines,  William  E 8,56,142 

Ripley,  Leon  D 17,  56,  124,  141 

Robichaud,  Leon  F 14,  23,  57 

Rogers,    Charles   B 15,  56,  124 

Rogers,    Frank   A 15,  50,  56,  141 

Rollins,   Ellsworth   H 6,  56,  125,  141 

Roy,   Clement  P 16,22 

Roy,  Victor  W 12,  56,  125 

Ryan,   John   J 13,  57,  142 

Ryan,   Patrick   J 13,  57,  142 

Rydin,  Carl  E 12 

^alvail,  Narcisse  H 14,  57 

Sanborn,  Henry  C 6,56 

Sanders,  Walter  R 8,22,44,70 

Sargent,  Elmer  U 7,  56,  141 

Sargent,  Frank  H 15,  56,  141 

Sawyer,   Eugene   E 6,57,  141 

Sayers,  James  A 13,  57,  125,  142 

Scammon,   John 9,  56,  122,  146 

Schellenberg,   Herman  A 12,  55,  57,  124,  138,  139,  141 

Schenck,   Martin  L ; 17,  57,  125^ 

Schoolcraft,  Azro  H 8,57,  102,  14? 

Scott,   Fred   A .- .  .  .  14,  56,  141 


162  Names  of  Persons. 

Seaver,  Elwyn  W 10 

Shaw,  Elijah  R 14,  58,  141 

Shaw,  Frederick  B 7,  50,  58,  141 

Shaw,  John 16,  50,  56,  141 

Shaw,  Thomas  B 15,58,  142 

Sherman,  Hiram  G 7,  23 

Sherry,   Thomas    8,22 

Shirley,  Arthur  R 8,  56,  124,  141 

Shurtleff,   Merrill    11,  58,  125 

Sise,  Frederick  M 15,  56,  123 

Sleeper,  Perley  H 6,  141 

Smart,  Ansel  C 6,  58,  125,  142 

Smart,  Eugene    8,58,142 

Smith,  Burton  L 7,  56,  141 

Smith,  Edgar  W 5,  7,  56,  141 

Smith,  Frank  1 8,58,141 

Smith,  Harlan  C 8,142 

Smith,  Herbert  E '. 10,  56,  123,  141 

Snow,   Leslie  P 16,  19,  56,  76,  103,  104,  122,  131,  141,  146 

Spaulding,  Henry  E 17,  50,  56 

Spaulding,  Harry  W 12,  56,  122,  141,  145 

Spring,  Arthur  W 11,  124 

Stanley,  Alfred    11,  54,  56,  125 

Stevens,  Alvah  M 15,  56,  141 

Stoddard,    Edward    Percy 15,  23,  56,  141 

Stone,    George   W 6,  38,  41,  45,  55,  56,  123,  132,  141 

Streeter,  Frank  S 7,19,21,45,56,68,70 

88,  104,  105.  121,  141 

Stuart,   Walter   D 9,  58,  141 

Sturtevant,  Arthur  F 8,56,141 

Sullivan,  Cornelius  J.,  Jr 13,  58 

Sweeny,   Henry  L 11,58,  141 

Tarbell,  Charles  H 12,  58,  141 

Templeton,   Ernest  G 5,  9,  56,  141 

Theriault,  George 14,  58 

Thomas,  Alvin  E 17,  23,  56 

Thompson,   Albert  W 8,  22,  58,  142 

Tilton,  Elmer  S 11,  56,  122 

Tilton,   Frank  B. 9 

Tobey,  Charles  W 17,  37,  50,  58,  59,  129,  142,  145 

Towle,  George  H.,  Jr 15,  125,  141 

Towle,    John   G 15,56,  122,  141 

Towle,  Lewis  L 11,  56 


Names  of  Persons.  163 

Towne,    Omar  A 9,58,82,122,141 

Trickey,   William   H 8,  17,  58,  107,  141 

True,    Frank    W 15,  50,  56,  141 

Tuck,    Willis    C 8,58,  142 

Tyng,   Theodosius  S 18,  82,  58,  63,  65,  71,  101,  142 

Updyke,  Frank  A 18,76,  141 

Upton,   Robert  W 7,  44,  45,  46,  58,  119,  128 

Varney,  Charles  W 16,  80,  81,  32,  38,  37,  40,  41 

48,  50,  51,  56,  58,  123,  141 
Veazie,   George  A 11,  50,  56,  141 

Waldron,  John   9,  56,  141 

Walker,  Perley 10,  56,  123,  141 

Wallace,  James  B 7,  58,  123 

Ward,   Thomas   A 15,56 

Ward,  Walter  J.  A 46,144 

Watson,  Laban  M 16,58 

Watson,   William   H 11,122 

Waterman,   Thomas   P 11,  50,  58,  141 

Weber,  Henry 18,58,142 

Webster,  Edward  K 46,  144 

Welch,   John   T 8,  50,  58,  142 

Wellman,    Jerry   P 10,22,58,141 

Wellman,  Justin  0 14,  58 

Wells.  Wesley  S 17,  58,  142 

Welpley,  John  G 13,  58,  142 

Wendall,   Frank  H 15,  57,  141 

Wentworth,    Alvin    F 15,  57,  124 

Wentworth,  Charles  A 8,141 

Wentworth,  Walter  1 10,  57 

Wescott,   Ernest   C 16,  23,  57,  141 

Wesley,   John   H 9,23 

Weston,  Edwin  B 8,23,58 

Wetherell,   Albert  S 9,  57,  125 

Wheeler,  Robert  E 12,  58,  141 

Wheeler,   William  W 7,  58,  142 

Whitcomb,   Charles  W 17,  23,  57,  141 

Whitman,  Asa  A 17,  58,  141 

Whitney,  George  J 6,57,  141 

Whitney,  Willard  R 10,  57,  141 

Wight,  Joseph  Howard 6,  50,  57,  141 

Willey,  George  H 15,  141 


164  Names  of  Peesons. 

Wilson,  Allan  M 12,57,124,141 

Wilson,   Frank   D 16,  58,  141 

Winn,  John  T 14,57,141 

Woodbury,  Chester  T 16,57,  123 

Woodbury,  Elmer  E 5,  18,  58,  60,  74,  76,  106 

135,  136,  137,  140,  141 

Woods,  Edward    5,  6,  58,  68 

Woodward,    Fred   U , 9,  57,  141 

Worthen,  Eugene  B 12,  50,  58,  141 

Wright,    Robert   M 16,  44,  58,  122,  142 

Young,  Charles  A 9,  57,  124,  141 

Young,  Fred  A 11,  23,  58,  141 

Young,  John 16,  58,  70,  125,  142 


II.     Index  of  Names  of  Places. 


INDEX  OF  NAMES  OF  PLACES. 


Acworth     6,46,56,  140 

Albany  6 

Alexandria 6 

Allenstown     6,  57,  140 

Alstead     6,145 

Alton 6,125 

Amherst 6,  123,  139 

Andover     6,  38,  41,  45,  55,  123,  132 

Antrim 6,22 

Ashland    18,  32,  63,  65,  71,  101 

Atkinson    6 

Auburn     ^ 6 

Barnstead    6,57,  141 

Barrington 6,57,  142 

Bartlett    6 

Bath 5,6,68 

Bedford    6,123 

Belmont 6,56,  140 

Bennington    6,58,  142 

Benton     6,  141 

Berlin     6,  7,  18,  50,  56,  57,  96,  122,  124,  125,  140,  141 

Bethlehem 7 

Boscawen     7,  121 

Bow    7,  44,  45,  46,  119,  123 

Bradford    7,  18 

Brentwood 7,  56,  141 

Bridgewater     18 

Bristol    7,  57,  142 

Brookfield 7 

Brookline 5,7 

Campton    7 

Canaan 7,  123 

Candia    7 

Canterbury    7,  58,  142 

Carroll 7 

167 


168  Names  of  Places. 

Center  Harbor 5,  7,56,  141 

Charlestown    7 

Chatham    7,  123 

Chester    7 

Chesterfield    ^ 7 

Chichester 7,  50,  58,  141 

Claremont    3,  4,  6,  7,  23,  56,  68,  122,  123,  141 

Clarksville 7 

Colebrook    7,  23 

Columbia 7 

Concord 3,  4,  5,  7,  8,  18,  19,  21,  22,  23,  24,  26,  27,  28 

29,  30,  31,  32,  36,  37,  38,  39,  40,  41,  42,  43 
44,  45,  46,  47,  50,  56,  57,  58,  59,  63,  65,  68 
70,  73,  74,  75,  76,  88,  104,  106,  107,  112 
119,  122,  123,  124,  125,  132,  133,  137,  139 
140,  141,  142,  143,  146 

Conway 8,  22,  23,  47,  50,  122,  124,  142 

Cornish    8,  124 

Croydon     8,56,  125,  140 

Dalton    8,  140 

Danbury 5,8 

Danville 8,  104 

Deerfield    8,  57,  142 

Deering    8,  142 

Derry 8,  22,  23,  44,  47,  57,  70,  123,  124,  134 

Dorchester 8,  102 

Dover 5,  8,  9,  22,  23,  50,  57,  58,  121,  141,  142 

Dublin .9,  33,  79,  lis 

Dummer     9 

Dunbarton 9,57,  140 

Durham   9,  67,  123 

East  Kingston 9 

Easton    9,57,  124,  141 

Eaton 9 

Effingham    9,57,  140 

Ellsworth     9,56,141 

Enfield 9,22 

Epping 9 

Epsom    9 

Errol    9 

Exeter    5,  9,  50,  56,  106,  122,  125,  140,  146 


Names  of  Places.  169 

Farmington 9,22 

Fitzwilliam    9 

Francestown 9 

Franconia    9,35,  59,  76,  82,  93,  96,  100,  102,  103,  125 

Franklin    9,43,82,122,123 

Freedom    9 

Fremont     9,122 

Gilford 9 

Gilmanton    9,53,57,141 

Gilsum 9 

Goffstown     9,  50,  56,  141 

Gorham    9,  57,  122 

Goshen 10,  57,  141 

Grafton    10 

Grantham    10,  123 

Greenfield    10 

Greenland    10,  141 

Greenville    10 

Groton 10 

Hampstead    10,  50,  56,  140 

Hampton    10,  50,  140 

Hampton  Falls 10,  124 

Hancock    10,  57,  84,  87,  88,  124 

Hanover  .  .  .10.  18,  34.  56,  57, 108,  107,  119,  121,  140.  141,  147 

Harrisville 10 

Hart's  Location 5.  10 

Haverhill 10,  22,  56,  122,  123.  141 

Hebron 10.  57,  141 

Henniker     10,  23,  119 

Hill 10 

Hillsborough 10.  46,  56.  122.  128 

Hinsdale    10 

Holderness    10 

Hollis .10.  43,  124 

Hooksett 10,  22 

Hopkinton 10,  50,  56,  140 

Hudson    10,  57,  140 

Jackson    10,  57 

Jaffrey 10.  18.  27,  28,  29,  31,  32.  45 

55,  57,  62,  74,  75,  76,  109 
112,  118,  118,  124,  125,  142 


170  Names  of  Places. 

Jefferson    10,  56,  140 

Keene 10,  11,  22,  23,  44,  52,  57,  58 

64,  89,  122,  128,  124,  125,  141 

Kensington    11 

Kingston    11 

Laconia    11,  22,  23,  50,  56,  57,  58,  122,  123,  124,  141,  146 

Lancaster 11,  58,  77,  88,  121,  122,  125 

Landaff    .  .  .  '. 11 

Langdon     11,56,  142 

Lebanon     11,  50,  56,  123 

Lee 11 

Lempster     ^ 11 

Lincoln 11,  54,  125 

Lisbon    11,  23,  44,  45,  46,  58 

Litchfield 11 

Littleton    11,  50,  56,  124,  141 

Livermore    18 

Londonderry S,  4,  11,  51,  57,  68,  69,  70,  124,  141 

Loudon    11,56 

Lyman   12,56 

Lyme    12 

Lyndeborough 12 

Madbury    12,50 

Madison 12 

Manchester    5,  12,  18,  19,  22,  23,  25,  43,  46,  47 

50,  55,  56,  57,  58,  72,  73,  74,  95 
96,  100,  101,  104,  121,  122,  123 
124,  125,  138,  141,  142,  145,  146 

Marlborough   18,  56,  141 

Marlow    13,  128 

Mason    13 

Meredith    13,  124 

Merrimack     13,  124 

Middleton 13,  56,  140 

Milan 13,  50 

Milford     18,  89,  40,  41,  56,  57,  59,  103,  107 

123,  124,  138,  189,  140,  146,  147 

Milton    14,  141 

Monroe    14 

Mont  Vernon 14 

Moultonborough    14,  44,  50,  56,  58,  141,  143,  144 


Names  of  Places.  171 

Nashua     14,  22,  23,  S2,  87,  41,  46,  50,  57 

66,  69,  100,  101,  105,  106,  121 
122,    123,    125,    128,    135,    141 

Nelson    14 

New  Boston 14 

Newbury    14,  123 

Newcastle    5,  14 

New   Durham    14,  141 

Newfields ...14,56 

New  Hampton 14,  57,  141 

Newington ..14,56,  141 

New  Ipswich 14,  56,  141 

New  London 14,58 

Newmarket    14,  15,  125,  141 

Newport     15,  21,  47,  50,  56,  122,  141,  147 

Newton    15,  50 

Northfleld    15 

North  Hampton l5,  58,  142 

Northumberland    15,  56,  123,  140 

Northwood 15,  56,  122,  141 

Nottingham 15,  50,  56,  142 

Orange 15 

Orford    15 

Ossipee    5,  15,  57,  125,  126,  1S6,  137,  139,  141,  146 

Pelham     15 

Pembroke    15,56,124 

Peterborough    4,  15,  29,  30,  68,  87,  95,  100 

103,  104,  122,  124^  126,  128,  139 

Piermont   15 

Pittsburg 15,  56,  141 

Pittsfield    15,  56,  122,  140.  141 

Plainfield 15,  50 

Plaistow 15,  50 

Plymouth 15.  50,  57,  124 

Portsmouth   .  .  .15,  16,  22,  23,  50,  53,  55,  56,  103,  107,  122,  123 

Randolph 16,  58 

Raymond 16 

Richmond    5,  16 

Rindge 16,  125,  147 

Rochester    16,  19,  22,  23,  30,  31.  32.  33.  37,  40 

41,  43,  50.  51,  57,  58,  70,  76,  104 
122,  123,  125,  131,  141,  142,  146 


172  Names  of  Places. 

Rollinsford    16,22 

Roxbury 16,50 

Rumney 16 

Rye    16 

Salem     16,  57,  58,  123,  141 

Salisbury 16,  50,  56,  141 

Sanbornton    16,44,  122 

Sandown    16 

Sandwich 16,  124,  141 

Seabrook    16 

Sharon 16,  56,  142 

Shelburne .-.  . 6,16,  56 

Somersworth 5,  16,  22,  123,  124 

South  Hampton 16 

Springfield 16 

Stark    16,140 

Stewartstown 17,  124 

Stoddard    17,  50,  56 

Strafford    ,. 17,  23 

Stratford    17,  19,  22,  31,  56,  90,  91,  93,  95,  96 

101,  108,  104,  122,  129,  141,  147 

Stratham   17,  23 

Sullivan ^ 17 

Sunapee 4,  17,  56,  140 

Surry 17 

Sutton    17,  56,  141 

Swanzey 17,  50 

Tamworth    17,  125 

Temple     17,  37,  50,  59,  129,  145 

Thornton 17 

Tilton 3,  5,  17,  107 

Troy 17 

Tuftonborough    17,  53,  56,  140 

Unity   17 

Wakefield    17,  122 

Walpole     17,  23,  57,  140 

Warner    17 

Warren    17,  42,  59,  122 

Washington 17,  22 

Waterville 17,  76,  79,  82,  124 


Names  of  Places.  173 

Weare    17,  56,  140 

Webster 17 

Wentworth    17 

Wentworth's  Location   17 

Westmoreland 17 

Whitefield    17,  122 

Wilmot     17 

Wilton    17,  50 

Winchester 5,  17,  50,  68 

Windham 17,69 

Windsor    17 

Wolfeboro     3,  18,  50,  57,  141,  146 

Woodstock  .  .  .5,  18,  58,  60,  74,  76,  106,  135,  136,  137,  140,  141 


III.    Index  to  Subjects 


INDEX  TO  SUBJECTS. 


Page 

Adjournment,  resolution  for 23,  31,  38,  45,  50,  126,  186 

roll  call  on 55 

temporary    147 

Amendments,  House  of  Representatives  and  Senate  may 

submit    62,  66,  68,  72 

House^of  Representatives  and  Senate  may 

submit  not  more  than  two ,  .  72 

House  of  Representatives  and  Senate  next 

succeeding  may  submit 72 

publication  of 72 

Candidate,  incumbent  of  an  office  to  be  a 65 

incumbent  of  an  office  to  be  a  primary. ...  65 

Chairman,  temporary    8 

address  of    4 

Chaplain,    appointment    of 47 

Convention,  call  to  order 8 

liours  of  meeting  of 58 

Committee  on  bill  of  rights  and   executive  department, 

appointed 121 

credentials,  appointed 4 

report  of 6 

report  of  accepted 6 

elections,   appointed    125 

finance,  appointed 125 

report  of    144 

future  mode  of  amending  the  constitution 

and  other  proposed  amendments 123 

journal,    appointed 50 

legislative   department,   appointed 122 

permanent  organization,  how  appointed.  21 

appointed     ....  22 

report  of 47 

reconvening  the  convention,  appointed..  146 

rules,  how  appointed    22 

appointed     23 

report  of 47 

time  and  mode  of  submitting  to  the  people 
amendments  agreed  to  by  the  con- 
vention, appointed    124 

whole 125 

Council,  to  abolish  governor's 71 

177 


178  Subjects. 

Page 

Debate,  limitation  of 73 

Delegates  seated  from  Ashland 18 

Bradford    18 

Concord 18 

Hanover 18 

Doorkeeper,  appointed 47 

Draftsman,  legislative    71 

bills  submitted  to 72 

Evangelical,  to  strike  from  the  bill  of  rights 108 

General  Court,  adjourment  of 116 

amendments  by 27 

chosen  biennial    115 

constitutional  convention  called  by 73 

exemption  of  members  from  arrest 116 

" '                           general  powers  of 115 

power  to  classify  property 60 

presiding  officer's  compensation 116 

qualification  of  members 115 

quorum  of    116 

semi-annual  assemblage  of 114 

vacancies,   how   filled 115 

Governor  to  present  measures  to  legislature 63 

precedence     of     measures     pre- 
sented by    63 

and  Council,  powers  similar  to  general  court  116 

Hanover,  delegates  seated  from 

Initiative  and  referendum — 

acts  to  take  effect  when    109 

amendments  to  take  effect  when 112 

appropriation   excepted   from 109 

emergency  bills  excepted  from 109 

general  court  may  refer  through 110 

voters'  petition  submitted  at  election 112 

Incomes,  taxation  of 64 

Jury,  trial  by 66 

Loyalty,  resolution  of 146 

Legislative   districts,   provision   for 114 

Messenger,  appointment  of 47,  104 

Pages,   appointment   of 47 

Pensions,  to  strike  out  one  year  restriction  on 64 

Police  courts,  original  jurisdiction  of 67 

Primaries,  plurality  of  votes  elects  incumbent  of  office 

at   65 

President,  chosen 19 

address  of 19 


Subjects.  179 

Page 

Previous  question  on  adjournment    resolution 138 

point  of  order  on 139 

Proportional,  striking  out  the  word , 60 

Protestant,   striking   out  the  word 108 

Railroad  transportation,  remuneration  of  members  for.  146 

Recess    106,  143 

Representatives,   district   representation 119 

Roll  of  convention 6 

call,  adjournment    55,  139 

Rules  of  convention    47 

amendments   to 105 

temporary 23 

Sergeant-at-arms,  appointed  *. 47 

Seats,  drawing   of    58,  70 

special   selection   of 68,  69 

Secretary,  permanent,  chosen     21 

qualified    21 

prepare  indexes 143 

procure  copies  of  printed  journal  143 

supervise    printing    journal 148 

temporary,  chosen    4 

qualified    4 

assistant,  chosen 21 

qualified    21 

Secretary  of  State  to  procure  copies  of  convention  of  1912  59 

Stenographer,  appointed    47 

qualified     59 

assistant,    appointed    47 

verbatim  reports  of  proceedings  by 143 

Supreme  Court,  impeachment  proceedings,  trial  by.  .  .  .  117 

Taxation  of  incomes,  graduated    113 

husband  and  wife 118 

maximum  percentage  on 113 

tax   of    64 

intangibles,  resolution  to  consider 24 

growing  timber,  resolution  to  consider.  ...  24 

growing  wood  and  timber 60 

"proportional  and"  stricken  out 120 

property  by  classification 121 

Tellers,   appointed    44 

Thrift  stamps,  members  to  receive  pay  in 145 

Timber,  taxation  of 60 

Trials  by  jury,  who  entitled 66 

"Voters,  qualification  in  parishes  and  plantations 117 

Voting,   proportional    115 

Warden  of  coat  room  appointed 47 

assistant,  appointed    47 

1 


IV.     Index  of  Resolutions. 


INDEX  OF  RESOLUTIONS. 


Resolution  No.  1,  relating  to  the  taxation  of  growing  wood  and 
timber. 
Introduced,    read,    printed,    referred,    60;    Commitee    of    th.e 
Whole,  74-93 ;  report  of  Committee,  104. 

Resolution  No.  2,  relating  to  the  powers  of  the  General  Court. 

Introduced,  60 ;  read,  printed,  referred,  62 ;  motion  to  refer  to 
Committee  of  the  Whole,  75*;  special  order  to  motion,  106;  com- 
mittee of  the  whole,  125. 

Resolution  No.  3,  relating  to  mode  of  submitting  amendments  to 
the  Constitution. 
Introduced,  62 ;  read,  printed,  referred,  63. 

Resolution  No.  4,  relating  to  the  duties  of  the  Governor. 
Introduced,  read,  printed,  referred,  63. 

Resolution  No.  5,  relating  to  taxation. 

Introduced,  read,  printed,  referred,  64;  Committee  of  the 
Whole,  125. 

Resolution  No.  6,  relating  to  pensions. 

Introduced,  64;  read,  printed,  referred,  65. 

Resolution  No.  7,  relating  to  candidates  for  office. 
Introduced,  read,  printed,  referred,  65. 

Resolution  No.  8,  relating  to  future  amendments  to  the  Consti- 
tution. 
Introduced,  read,  printed,  referred,  66. 

Resolution  No.  9,  relating  to  trial  hy  jury. 
Introduced,  66;  read,  printed,  referred,  67. 

Resolution  No.  10,  relating  to  an  alternative  method  of  amend- 
ing the  Constitution. 
Introduced,  read,  printed,  referred,  68. 

Resolution  No.  11,  creating  the  office  of  legislative  draftsman. 
Introduced,  read,  printed,  referred,  71. 

Resolution  No.  12,  relating  to  the  Governor  and  Council. 

Introduced,  71;  read,  printed,  referred,  T2. 

Resolution  No.  13,  relating  to  future  mode  of  amending  the  Con- 
stitution. 
Introduced,  72 ;  read,  printed,  referred,  73. 

183 


184  Eesolutions. 

Resolution  No.  14,  relating  to  Bill  of  Rights. 
Introduced,  read,  printed,  referred,  108. 

Resolution  No.  15,  relating  to  the  referendum  of  measures  en- 
acted and  rejected  'by  the  General  Court  and  future  mode  of 
amending  the  Constitution. 
Introduced,  109 ;  reading  dispensed,  printed,  referred,  112. 

Resolution  No.  16,  relating  to  the  Governor's  Council. 
Introduced,  112;  read,  printed,  referred,  113. 

Resolution  No.  17,  relating  to  limitation  of  taxation. 
Introduced,  read,  printed,  referred,  113. 

Resolution  No.  18,  relating  to  the  General  Court. 

Introduced,  114 ;  read,  118 ;  printed  and  referred,  119. 

Resolution  No.  19,  relating  to  representation  in  the  House  of 
Representatives. 
Introduced,  read,  printed,  referred,  119. 

Resolution  No.  20,  relating  to  conferring  upon  the  General  Court 
the  power  to  impose  and  levy  reasonable  assessments,  rates, 
and  taxes,  and  to  classify  the  subject  of  taxation. 
Introducd,  120;  read,  printed,  referred,  121. 


YC 


OO  I  ^ 


